CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER FIVE (v) - PUNISHMENT AND SENTENCING

Article 56

In determining the type and range of punishment within the limits established by law for the committed criminal offense, the court, bearing in mind the purpose of punishment, shall take into consideration all the circumstances which result in a less or more serious punishment for the perpetrator of a criminal offense (the mitigating or aggravating circumstances) and in particular the following: the degree of culpability, motives for committing the criminal offense, the degree of peril or injury to the protected good, the circumstances under which the criminal offense was committed, the conditions in which the perpetrator had lived prior to committing the criminal offense and his abidance by the laws, the circumstances he lives in and his conduct after the perpetration of the criminal offense, particularly his relation towards the injured person and his efforts to compensate for the damage caused by the criminal offense, as well as the totality of social and personal grounds which contributed to the perpetration of the criminal offense.

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER FIVE (v) - PUNISHMENT AND SENTENCING

Article 57

(1) The punishment prescribed by law for a criminal offense may be mitigated when the statute expressly prescribes so, or when the court holds that, in view of the existence of particularly obvious mitigating circumstances, the purpose of punishment may also be attained by a more lenient punishment.

(2) The limits of mitigation are the following:

a) if, for a criminal offense, imprisonment for a maximum of three years or less is prescribed, regardless of the minimum duration, a fine may be imposed instead of imprisonment;

b) if, for a criminal offense a minimum duration of imprisonment for one year or less, and a maximum of three years or more, is prescribed, the sentence may be reduced to the legal minimum of imprisonment;

c) if, for a criminal offense, imprisonment for at least two years is prescribed, the sentence may be reduced to six months of imprisonment;

d) if, for a criminal offense, imprisonment of at least three years or more is prescribed, the sentence may be reduced to one year of imprisonment.

e) if, for a criminal offense, imprisonment for at least eight or more years is prescribed, the sentence may be reduced to three years of imprisonment.

Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.

Article 78
Determination of the sentence
1. In determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the individual circumstances of the convicted person.
2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.
3. When a person has been convicted of more than one crime, the Court shall pronounce a sentence for each crime and a joint sentence specifying the total period of imprisonment. This period shall be no less than the highest individual sentence pronounced and shall not exceed 30 years imprisonment or a sentence of life imprisonment in conformity with article 77, paragraph 1 (b).