GENERAL PART

Chapter Four
SENTENCES

1. Types of Sentences and Conditions for Imposition Thereof

Legality in Imposing of Sentences

Article 45

(1) The sentence prescribed for committing a criminal offence shall be imposed on the perpetrator of such an offence ; a reduced or extended sentence may only be imposed under conditions laid down by this Penal Code.

(2) For criminal offences committed out of greed, a fine may be imposed as an accessory sentence even when it is not expressly prescribed by the statute or in cases where imprisonment and fine are prescribed, and the court has decided to impose imprisonment as the principal sentence.

GENERAL PART

Chapter Four
SENTENCES

2. Sentencing

General Rules on Sentencing

Article 49

(1) The perpetrator shall be sentenced for a criminal offence within the limits of the statutory terms provided for such an offence and with respect to the gravity of his offence and his culpability.

(2) In fixing the sentence, the court shall consider all circumstances, which have an influence on the grading of the sentence (mitigating and aggravating circumstances), in particular : the degree of the perpetrator's criminal liability ; the motives, for which the offence was committed ; the intensity of the danger or injury caused to the property protected by law ; the circumstances, in which the offence was committed ; the perpetrator's past behaviour ; his personal and pecuniary circumstances ; his conduct after the committing of the offence and especially, whether he recovered the damages caused by the committing of the criminal offence ; and other circumstances referring to the personality of the perpetrator.

(3) In fixing the sentence of a perpetrator who committed a criminal offence after he had already been convicted or had served his sentence, or after the implementation of his sentence had been barred by time, or after his sentence has been remitted (recidivism), the court shall pay particular attention to whether the earlier offence is of the same type as the new one, whether both offences were committed for the same motive and to the time, which has lapsed since the former conviction or since the serving, withdrawing, remitting or barring of the sentence.

Reduction of Sentence

Article 50

The court may fix the sentence of the perpetrator within the limits of statutory terms or may apply a less severe type of sentence under the following conditions :
- if the possibility of a reduced sentence for the perpetrator is provided for by the statute ;
- if the court ascertains that special mitigating circumstances are present, which justify the imposition of a reduced sentence.

Limits of the Reduction of Sentence

Article 51

When conditions for the reduction of a sentence, as outlined in the preceding Article, are met, the sentence shall be reduced within the following limits :
1) if a prison sentence for a term of fifteen years is prescribed as the lowest limit for a specific offence, such a limit may be lowered by up to ten years of imprisonment ;
2) if a prison sentence for a term of three or more years is prescribed as the lowest limit for a specific offence, such a limit may be lowered by up to one year of imprisonment ;
3) if a prison sentence for a term of one year is prescribed as the lowest limit for a specific offence, such a limit may be lowered by up to three months of imprisonment ;
4) if a prison sentence for a term of less than one year is prescribed as the lowest limit for a specific offence, such a limit may be lowered by up to fifteen days of imprisonment ;
5) if a prison sentence is prescribed as the lowest limit without the statutory terms being determined, a fine may be imposed in place of the prison sentence ;
6) if a fine is imposed as the principal sentence, it may be reduced by up to fifteen daily amounts.

Remission of Sentence

Article 52

(1) The court may remit a sentence when it is so expressly provided for by the statute.

(2) In cases when the court is entitled to remit the sentence, it need not apply the provisions prescribing the limits of the reduction of the sentence.

GENERAL PART

Chapter Four

SENTENCES

1. Types of Sentences and Conditions for Imposition Thereof

Legality in Imposing of Sentences
Article 45

(1) The sentence prescribed for committing a criminal offence shall be imposed on the perpetrator of such an offence; a reduced or extended sentence may only be imposed under conditions laid down by this Penal Code.

(2) For criminal offences committed out of greed, a fine may be imposed as an accessory sentence even when it is not expressly prescribed by the statute or in cases where imprisonment and fine are prescribed, and the court has decided to impose imprisonment as the principal sentence.

GENERAL PART

Chapter Four

SENTENCES

2. Sentencing

General Rules on Sentencing
Article 49

(1) The perpetrator shall be sentenced for a criminal offence within the limits of the statutory terms provided for such an offence and with respect to the gravity of his offence and his culpability.

(2) In fixing the sentence, the court shall consider all circumstances, which have an influence on the grading of the sentence (mitigating and aggravating circumstances), in particular: the degree of the perpetrator's criminal liability; the motives, for which the offence was committed; the intensity of the danger or injury caused to the property protected by law; the circumstances, in which the offence was committed; the perpetrator's past behaviour; his personal and pecuniary circumstances; his conduct after the committing of the offence and especially, whether he recovered the damages caused by the committing of the criminal offence; and other circumstances referring to the personality of the perpetrator.

(3) In fixing the sentence of a perpetrator who committed a criminal offence after he had already been convicted or had served his sentence, or after the implementation of his sentence had been barred by time, or after his sentence has been remitted (recidivism), the court shall pay particular attention to whether the earlier offence is of the same type as the new one, whether both offences were committed for the same motive and to the time, which has lapsed since the former conviction or since the serving, withdrawing, remitting or barring of the sentence.

Reduction of Sentence
Article 50

The court may fix the sentence of the perpetrator within the limits of statutory terms or may apply a less severe type of sentence under the following conditions:
- if the possibility of a reduced sentence for the perpetrator is provided for by the
statute;
- if the court ascertains that special mitigating circumstances are present, which justify the imposition of a reduced sentence.

Limits of the Reduction of Sentence
Article 51

When conditions for the reduction of a sentence, as outlined in the preceding Article, are met, the sentence shall be reduced within the following limits:
1) if a prison sentence for a term of fifteen years is prescribed as the lowest limit for a specific offence, such a limit may be lowered by up to ten years of imprisonment;
2) if a prison sentence for a term of three or more years is prescribed as the lowest limit for a specific offence, such a limit may be lowered by up to one year of imprisonment;
3) if a prison sentence for a term of one year is prescribed as the lowest limit for a specific offence, such a limit may be lowered by up to three months of imprisonment;
4) if a prison sentence for a term of less than one year is prescribed as the lowest limit for a specific offence, such a limit may be lowered by up to fifteen days of imprisonment;
5) if a prison sentence is prescribed as the lowest limit without the statutory terms being determined, a fine may be imposed in place of the prison sentence;
6) if a fine is imposed as the principal sentence, it may be reduced by up to fifteen daily amounts.

Remission of Sentence
Article 52

(1) The court may remit a sentence when it is so expressly provided for by the
statute.
(2) In cases when the court is entitled to remit the sentence, it need not apply the provisions prescribing the limits of the reduction of the sentence.

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).