General Part

Section III. Punishment

Chapter 10. Imposition of Punishment

Article 60. General Principles for Imposing Punishment

1. The court shall impose just punishment on a person who has been found guilty of the commission of a crime, within the limits stipulated by the relevant Article of the Special Part of this Code, and with due account for the provisions of the General Part of this Code. A stricter penalty from among several provided for one crime shall be imposed only if a milder penalty cannot ensure the achievement of the purposes of punishment.

2. Stricter punishment than that envisaged by the relevant Articles of the Special Part of this Code for the committed crime may be imposed for the cumulation of offences and for the cumulation of sentences in keeping with Article 69 and 70 of this Code. Grounds for the imposition of a lighter punishment than that stipulated by the relevant Article of the Special Part of this Code for the perpetrated crime shall be determined by Article 64 of this Code.

3. In imposing punishment, the court shall take into consideration the nature and the degree of the social danger of the crime and the personality of the convict, including any mitigating or aggravating circumstances, and also the influence of the imposed penalty on the rehabilitation of the convicted person and on the conditions of life of his family.


Article 61. Circumstances Mitigating Punishment

1. The following circumstances shall be deemed to be mitigating circumstances:
• a) commission of a crime of small gravity in consequence of a coincidence of
circumstances;
b) age of minority of a guilty person;
c) pregnancy;
d) a guilty persons, responsibility for his infant children;
e) commission of crime in consequence of a coincidence of personal circumstance, or out of compassion;
f) commission of a crime as a result of physical or mental coercion, or by reason of material, official, or any other dependence;
g) commission of crime through a breach of the lawful conditions for necessary defence, the detention of a person who has perpetrated the crime, extreme necessity, justified risk, or the execution of orders or instructions;
h) the illegality or amorality of the victim's behavior, which served as a pretext for the crime;
i) the criminal's giving himself up, or actively assisting in the exposure of a crime, catching other accomplices in a lie, or searching for property stolen as a result of a crime;
j) rendering of medical or other aid to the victim after the commission of the crime, voluntary compensation for material loss and mental injury caused as a result of the crime, and other actions of effecting restitution of damage caused to the victim.

2. In imposing punishment, the court of law may take into consideration other mitigating
circumstances not provided for by the first part of this Article.

3. If a mitigating circumstance is provided for by the corresponding Article of the Special Part of this Code as an element of another crime, then it in itself may not be considered for that second crime.


Article 62. Imposition of Punishment in the Presence of Mitigating Circumstances

In the presence of mitigating circumstances provided for by Items (i) or (j) of the first part of Article 61 of this Code, and in the absence of aggravating circumstances, the term and scope of punishment may not exceed three-fourths of the maximum term or scope of the strictest penalty envisaged by the relevant Article of the Special Part of this Code .


Article 63. Circumstances Aggravating Punishment

1. The following circumstances shall be deemed to be aggravating circumstances:
• a) recidivism of offences;
b) grave consequences of the commission of a crime;
c) commission of a crime by a group of persons or a group of persons as a result of a preliminary conspiracy, by an organized group, or by a criminal community (criminal organization);
d) especially active role played in the commission of a crime;
e) involvement in the commission of the crime of the persons who suffer from heavy mental derangement or who are in a state of intoxication, or of persons who have not reached the age of criminal responsibility;
f) commission of a crime by reason of national, racial, or religious hatred or enmity, out of revenge for the lawful actions of other persons, or with the purpose of concealing or facilitating another crime;
g) commission of a crime against a person or his relatives in connection with his official activity or the discharge of his public duty;
h) commission of a crime against a woman who is obviously in a state of pregnancy, or against a minor, another defenseless or helpless person, or a person who is dependent on the guilty person;
i) commission of a crime with especial brutality, sadism, or mockery, or involving torments for the victim;
j) commission of a crime with the use of weapons, ammunition, explosives, fake explosives, specially manufactured technical means, poisonous or radioactive substances, medicinal or other chemical and pharmacological preparations, or with the use of physical or mental compulsion;
k) commission of a crime during a state of emergency, natural or social disaster, or during mass disturbances;
l) commission of a crime, abusing confidence placed in the guilty person through his official position, or through a contract;
m) commission of a crime with the use of uniforms or documents of representatives of the authorities.

2. If the aggravating circumstance are provided for by the corresponding Article of the Special Part of this Code as elements of anouther crime, then they in and of themselves may not be repeatedly considered in case of imposing punishment .


Article 64. Imposition of a More Lenient Punishment Then That Provided for the Given Crime

1. In the presence of exceptional circumstances related to the purposes and motives of the crime, the role played by the guilty person, his behavior during or after the commission of the crime, or other circumstances essentially reducing the degree of the social danger of the crime, and also with the active assistance of an accomplice in a group crime in the disclosure of this crime, the most lenient punishment stipulated by the corresponding Article of the Special Part of this Code may be imposed, or the court of law may even impose a more lenient penalty than that provided for by this Article, or may not apply an additional penalty envisaged as obligatory.

2. Both particular mitigating circumstances and the totality of such circumstances may be recognized as exceptional.


Article 65. Imposition of Punishment in Case of a Verdict of Leniency Passed by the Jury

1. The term or the scope of punishment for a person who is found guilty by a jury of the commission of a crime, and who deserves leniency, may not exceed two-thirds of the maximum term or scope of the strictest punishment provided for the crime perpetrate. If the corresponding Article of the Special Part of this Code provides for capital punishment or deprivation of liberty for life, then these penalties shall not be applied, while the punishment shall be imposed within the limits of the sanction provided for by the appropriate article of the Special Part of this Code.

2. abolished.

3. When imposing punishment for cumulative crimes or under cumulative sentences, the penalty, its term and scope shall be determinable according to the rules provided for by Article 69 and 70 of this Code.

4. When imposing punishment on a person who is found guilty by a verdict of a jury of the commission of a crime, but who deserves leniency, any aggravating circumstances shall not be taken into account.


Article 66. Imposition of Punishment for an Unfinished Crime

1. In imposing punishment for an unfinished crime, the court of law shall take into account the circumstances, by virtue of which the crime was not brought to completion.

2. The term or the scope of punishment for preparations for a crime may not exceed half the maximum term or scope of the most severe penalty prescribed by the relevant Articles of the Special Part of this Code for the finished crime.

3. The term or extent of punishment for an attempted crime may not exceed three-fourths of the maximum term or scope of the most severe penalty prescribed by the relevant Article of the Special Part of this Code for the finished crime.

4. Neither capital punishment nor deprivation of liberty for life shall be imposed for the preparations for a crime or for an attempted crime.


Article 67. Imposition of Punishment for a Criminal Conspirasy.

1. In imposing punishment for a criminal conspirasy, the court of law shall take into consideration the nature and the degree of the actual participation of the person in its perpetration, and also the importance of this participation for the achievement of the purpose of the crime, and its influence on the nature and on the amount of inflicted or possible damage.

2. Mitigating or aggravating circumstances relating to the personality of one of the accomplices shall be taken by the court into account when it imposes its penalty for this individual accomplice .


Article 68. Imposition of Punishment in Case of Recidivism of Crimes

1. When imposing punishment in a case of recidivism, dangerous recidivism or especially dangerous recidivism, account shall be taken of the nature and degree of the social danger of the crimes committed earlier, the circumstances by virtue of which corrective influence of the previous punishment has proved to be insufficient, and also the nature and degree of the social danger of the newly committed crimes.

2. The term of punishment in a case of any recidivism may not be less than one third of the maximum term of the most severe penalty prescribed for the crime committed, but within the limits of the sanction of the appropriate article of the Special Part of this Code.

3. In the event of any recidivism of crimes where a court of law establishes the mitigating circumstances provided for by Article 61 of this Code, the term of imposed punishment may be less than one third of the maximum term of the most severe penalty provided for committing the crime but within the sanction of the appropriate article of the Special Part of this Code, while in the presence of exceptional circumstances, provided for by Article 64 of this Code, a more lenient punishment than the one stipulated for a given crime may be imposed .


Article 69. Imposition of Punishment for Cumulative Crimes

1. In case of cumulative of crimes, punishment shall be imposed separately for each crime committed.

2. If crimes committed cumulatively only represent offences of little or medium gravity, then final punishment shall be imposed by the incorporation of the less severe penalty with a more severe one, or by partial or full adding-up of imposed penalties. In this case, the final punishment may not exceed by more than half the maximum term or scope of punishment prescribed for the gravest of the crimes committed.

3. Where at least one of the crimes committed cumulatively is a grave or especially grave crime, then the final penalty shall be imposed by the partial or full adding-up of penalties. In this case, the final punishment in the form of deprivation of liberty may not exceed by more than half the maximum term of punishment in the form of deprivation of liberty provided for the gravest of the committed crimes.

4. Additional penalties may be joined to the basic penalties in case of cumulative crimes. In case of partial or full addition of penalties, final additional punishment may not exceed the maximum term or scope prescribed for this type of punishment by the General Part of this Code.

5. Punishment shall be imposed under the same rules, if after the court delivers its judgement in the case it is established that the convicted person is guilty of still another crime committed by him before adjudication in the first case. In this instance, the punishment served under the first judgement of the court shall be included in the final punishment .


Article 70. Imposition of Punishment by Cumulative Sentences

1. In imposing punishment by cumulative of sentences, the court of law shall add, in part or in full, the unserved part of the penalty under the court's previous sentence to the penalty imposed by the court's latest judgement.

2. The final punishment by cumulative sentences, if it is still less than deprivation of liberty, may not exceed the maximum term or scope stipulated by the General Part of this Code for the given penalty.

3. The final punishment by cumulative sentences in the form of deprivation of liberty may not exceed 30 years.

4. The final punishment by cumulative sentences must be greater than either the punishment imposed for the new crime, or the unserved part of the punishment under the previous court's judgement, alone.

5. In case of the imposition of punishment by cumulative sentences, additional penalties may be added under the rules envisaged by the fourth part of Article 69 of this Code .


Article 71. Procedure for the Determination of Terms of Punishment in Case of the Addition of Penalties

1. In case of partial or full addition of penalties for cumulative crimes and sentences, the following measures shall correspond to one day of deprivation of liberty:
• a) one day of arrest or of service in a disciplinary military unit;
b) two days of restraint of liberty;
c) three days of corrective labour or restriction in military service;
d) eight hours of compulsory works.

2. A fine or deprivation of the right to hold specified offices or to engage in specified activities, deprivation of a special or military rank, or of an honorary title, class rank, or government decoration, when they are added to restraint of liberty, arrest, service in a disciplinary military unit, or deprivation of liberty shall be executed independently.


Article 72. Calculation of the Terms of Punishment and Set-off of Punishment

1. Terms of the deprivation of the right to hold specified offices or to engage in specified activities, of corrective labour, restriction in military service, restraint of liberty, arrest, service in a disciplinary military unit, and deprivation of liberty shall be counted in months and years, while compulsory works - in hours.

2. Terms of punishment may be counted in days in case of replacement of a penalty or the addition of penalties envisaged by the first part of this Article, and also in case of the set¬off of punishment.

3. The time of custody pending the trial shall be counted in terms of deprivation of liberty, service in a disciplinary military unit, or arrest at the rate of one day for one day, of restraint of liberty at the rate of one day for two days, of corrective labour and restriction in military service at the rate of one day for three days, and the time of compulsory works at the rate of one day of custody for eight hours of compulsory works.

4. The time of custody pending the entry of the court's judgement into force, and the time of serving deprivation of liberty, imposed by the court for crime committed outside the confines of the Russian Federation, shall be counted at the rate of one day per one day in case of the surrender of the person under Article 13 of this Code.

5. In imposing a fine or deprivation of the right to hold specified offices or engage in specified activities on a convicted person, kept in custody pending trial, as a basic penalty the court of law shall mitigate punishment or fully set him free from serving this punishment .

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).