GENERAL PART

Chapter VIII
SPECIFYING PUNISHMENTS

Article 76. Mitigating Circumstances

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

a) commission for the first time of a minor or a less serious crime ;
b) commission of a crime by a juvenile ;
c) commission of a crime due to difficult personal or family circumstances ;
d) commission of a crime by a person with limited mental capacity ;
e) prevention by the guilty person of prejudicial consequences of the crime committed, voluntary repair of the damage caused, or the elimination of the damage caused ;
f) self-denunciation, active contribution to solving the crime and to identifying the criminals, or admitting guilt ;
g) the illegality or immorality of the victim's actions if such were the reason for the crime ;
h) the commission of a crime as a result of physical or mental coercion that does not exclude the criminal nature of the act, or of financial or work dependence or other natural coercion ;
i) the commission of a crime by a person in a state of intoxication caused by the involuntary or forced consumption of substances mentioned in article 24, or by the consumption of these substances not being aware of their effects ;
j) the commission of a crime in excess of the legal limits of legitimate defense, capturing a criminal, a state of extreme necessity, reasonable risk or as a result of executing an order or command from a superior ;
k) the serious impact of the crime committed on its perpetrator or the heavy burden of the punishment applied to him/her due to his/her advanced age, health condition, or other circumstances ;
1) expiry at the moment of the commission of the crime of at least 2/3 of the criminal liability limitation period provided for this crime or excess of the reasonable timeframe for hearing the case, considering the nature of the act, provided that the delay was not caused by the perpetrator.

(2) The court may consider other circumstances not specified in par. (1) as mitigating circumstances.

(3) By determining the punishment, the court shall not consider as mitigating a circumstance defined by law as a constitutive element of the crime.

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).