GENERAL PART

SECTION THREE. PUNISHMENT

CHAPTER XI. SENTENCING

Article 53. General Principles of Sentencing
1. The court shall award a fair sentence against a criminal within the bounds prescribed under the relevant article of the Private Part of this Code and in consideration of the provisions of the General Part of the same Code. A more severe type of sentence may be awarded only in case the less severe type of sentence fails to insure the fulfilment of the purpose of the sentence.
2. A more sever sentence than the one prescribed under the relevant article of the Private Part of this Code may be awarded in accordance with the accumulated crimes and accumulated sentences as provided by Article 59 and 60 of the same Code. The basis for awarding a more lenient sentence than the one provided under the relevant article of the Private Part is determined by Article 55 of this Code.
3. When awarding a sentence, the court shall take into consideration the extenuating and aggravating circumstances of the crime, in particular, the motive and purpose of the crime, illegal will demonstrated in the action, character and extent of breach of obligations, manner of implementing the action, method employed and illegal consequence, past life of the criminal, his/her personal and economic conditions, behaviour after the action, especially willingness to effect restitution, reconcile with the victim.
4. If the article or part of the article of the Private Part f this Code provides for the extenuating and aggravating circumstances as Corpus Delicti, the same circumstance shall not be taken into consideration when awarding a sentence.

Article 54. Sentencing in Case of Extenuating Circumstances
1. If after perpetrating the crime the criminal appears and pleads guilty, acts in manner conducive to the detection of the crime and there are no aggravating circumstances, the term or extent of the crime shall in no way exceed three forth of the maximum term for the most severe crime provided under the relevant article or part of article of the Private Part of this Code.

Article 55. Awarding More Lenient Sentence Than Allowed by Law
If there is a special mitigating circumstance, the court may, in consideration of the personality of the criminal, award a sentence beyond the lowest limit of the extent of sentence determined under the relevant article of this Code, or a more lenient sentence.

Article 56. Awarding Sentence for Incomplete Crime
1. When awarding a sentence for incomplete crime, consideration shall be given to the circumstances due to which the crime was not perpetrated to the end.
2. The term or extent of the sentence for staging the crime shall in no way exceed a half of the maximum term or extent of the most severe sentence prescribed for completed crimes under the relevant article or part of the article of the Special Part of this Code.
3. The term or extent of the sentence for the attempted crime shall in no way exceed three fourth of the maximum term or extent of the most severe sentence prescribed for completed crimes under the relevant article or part of the article of the Special Part of this Code.
4. Life imprisonment shall in now way be awarded for the staging of crime or attempted crime.

Article 57. Awarding Sentence for Complicity in or Perpetration of Crime
1. When awarding a sentence for complicity in or perpetration of the crime, consideration shall be given to the actual character and quality of the person’s participation, the importance of the complicity in attaining the goal of the crime as well as its influence on the character and quality of the incurred or possible damage.
2. The extenuating or aggravating circumstance, which shall be applied to one of the accomplice or perpetrator, shall be taken into consideration only when awarding a sentence against this accomplice or perpetrator.

Article 58. Awarding Sentence in Case of Recidivism
1. In case of awarding a sentence for recidivism, dangerous recidivism or especially dangerous recidivism, consideration shall be given to the quantity and gravity of previously committed crimes, circumstances due to which the precautionary effect of the previously awarded sentences proved to be insufficient, as well as the gravity of the newly perpetrated crime.
2. The term of the sentence in case of recidivism shall in no way fall short of the half of the maximum term of the most severe punishment prescribed for perpetrated crime under the relevant article or part of the article of this Code, in case of dangerous recidivism - two thirds, in case of especially dangerous recidivism - three fourths.
3. If the article or part of the article of the Special Part of this Code refers to the previous conviction as the qualifying sign of the crime, as well as in case of special extenuating circumstances prescribed under Article 55 of this Code, when awarding a sentence for recidivism, dangerous recidivism or especially dangerous recidivism, the rule prescribed in Paragraph 2 of this article shall not be applied.

Article 59. Awarding Sentence in Case of Cumulative Crime
1. In case of cumulative crime the sentence shall be awarded for each particular crime.
2. If the cumulative crime consists of misdemeanours only, a more severe punishment shall overlap a less severe one when awarding a final sentence.
3. If the cumulative crime consists of dangerous or especially dangerous crimes, the punishments prescribed for this crime shall be accumulated partly or in whole when awarding a final sentence. In addition, the term of the imprisonment for a particular term awarded as a final sentence shall in no way be in excess of twenty-five years.
4. If the cumulative crime consists of a misdemeanour or a dangerous crime, or a misdemeanour and especially dangerous crime, a more severe punishment shall overlap a less severe one when awarding a final sentence or the punishments prescribed for these crimes shall be accumulated partly or in whole. In addition, the term of the awarded final sentence shall in no way be in excess of twenty years.
5. In case of cumulative crime, additional punishment may as well be awarded along with the main punishment. The term or extent of the final additional punishment awarded in case of partial or total accumulation shall in no way exceed the maximum term or extent prescribed for the foregoing type of punishment under General Part of this Code.
6. The sentence shall be awarded under the same rule if, after delivering the judgment, it was established that the convict is at fault with the other crime, too, which he/she had committed before the sentence was delivered with respect to the first case. On this occasion, the final sentence shall be the sentence, which is served under the first sentence fully or partially.

Article 60. Awarding Sentence in Case of Cumulative Conviction
1. When awarding a sentence in case of cumulative conviction, the court shall sum up the sentence of the last conviction the unserved part of the sentence of the prior conviction in part or in whole.
2. The term or extent of the sentence awarded under cumulative conviction, if it is more lenient than imprisonment, shall in no way exceed the maximum term or extent prescribed for the foregoing type of punishment under General Part of this Code.
3. The term of imprisonment awarded as final sentence under cumulative conviction shall not be in excess of thirty years.
4. The final sentence awarded under cumulative conviction shall be longer than the sentence awarded for the newly committed crime as well as the unserved term of the sentence awarded under prior conviction.
5. The summing up of additional sentences in case of cumulative conviction shall be carried out in manner prescribed under Paragraph 2 of Article 62-e of this Code.

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 77
Applicable penalties
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.