General Part

Section III. Punishment

Chapter 10. Imposition of Punishment

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 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).