GENERAL PART

Chapter VIII
SPECIFYING PUNISHMENTS

Article 77. Aggravating Circumstances

(1) When determining punishment, the following shall be considered as aggravating circumstances :

a) the commission of a crime by a person who previously was convicted for a similar crime or of other acts relevant to the case ;
b) severe consequences caused by the commission of the crime ;
c) the commission of a crime with any form of participation ;
d) the commission of a crime due to social, national, racial, or religious hatred ;
e) the commission of a crime against a person known to be under 14 years of age or against a pregnant woman or by taking advantage of the victim's known or obvious helpless condition caused by advanced age, disease, physical or mental handicap, or another factor ;
f) the commission of a crime against a person in connection with his/her professional or social duties ;
g) the commission of a crime using juveniles, persons in difficulty, mentally retarded persons, or persons dependent on the perpetrator ;
h) the commission of a crime through extremely cruel acts or humiliation of the victim ;
i) the commission of a crime by means that pose a great social danger ;
j) the commission of a crime by a person in a state of intoxication caused by the consumption of substances mentioned in article 24: the court has the right, depending upon the nature of the crime, not to consider this as an aggravating circumstance ;
k) the commission of crime with the use of weapons, ammunition, explosive substances, or similar devices, specially prepared technical devices, noxious and radioactive substances, medical and other chemical/pharmaceutical preparations, and the use of physical and mental coercion ;
[Letter I) excluded by Law No. 277-XVI dated 18.12.2008, in force as of 24.05.2009]
m) the commission of a crime by taking advantage of a state of emergency, natural calamities, and mass disorders ;
n) the commission of a crime by abusing someone's trust.

(2) If the circumstances mentioned in par. (1) are also set forth in the corresponding articles of the Special Part of the this Code as evidence of these criminal components, they may not be concurrently considered as aggravating circumstances.

GENERAL PART

Chapter VIII
SPECIFYING PUNISHMENTS

Article 78. Effects of Mitigating and Aggravating Circumstances

(1) If the court ascertains the presence of mitigating circumstances in the commission of a crime, the main punishment shall be reduced or changed as follows :

a) if the minimum term of imprisonment set in the corresponding article of the Special Part of this Code is less than 10 years, the punishment may be reduced to this minimum ;
b) when a fine is applied, it may be reduced to its lowest limit ;
c) if the law specifies life imprisonment for the crime committed, it shall be substituted by imprisonment for 15 to 25 years.

(2) If the court ascertains the presence of mitigating circumstances in the commission of a crime, the complementary punishment provided by the law for the crime may be eliminated.

(3) In the case of aggravating circumstances, the maximum punishment set in the corresponding article of the Special Part of this Code may be applied.

(4) In the case of a concurrence of aggravating and mitigating circumstances, the reduction of the punishment to the minimum or its increase to the maximum set in the corresponding article of the Special Part of this Code shall not be mandatory.

(5) Where exceptional mitigating circumstances exist, the punishment may be applied according to the provisions of article 79.

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).