GENERAL PART

SECTION III. Sentence

CHAPTER 10. Imposition of Sentence

Article 60. General Principles of Imposition of Sentence

(1) An individual who has committed a crime is subject to a fair sentence within the limits specified by articles of the Special Part and according to the provisions of the General Part of this Code.

(2) A more severe type of sentence for a crime committed shall be imposed only in case if purposes of sentence cannot be achieved by imposing a less strict type of sentence.

(3) When imposing a sentence the court shall consider the character and degree of public danger of the committed crime, motives for the crime, personality of the offender, character and scope of the harm caused, mitigating and aggravating circumstances.

Article 61. Mitigating Circumstances

(1) The following circumstances are considered to be mitigating :

a) commitment of a crime for the first time ;
b) minority of an offender ;
c) pregnancy ;
d) if an offender has infants ;
e) commitment of a crime due to difficult individual, family or other circumstances ;
f) commitment of a crime under the influence of strong mental disturbance caused by duress, heavy insult or other wrongful acts of the victim ;
g) commitment of a crime under conditions of excess of justifiable defense, emergency, or during the detention of an individual who has committed a crime, in the case of justifiable risk, or execution of an order ;
h) commitment of a crime under the influence of threat or force, or because of financial, official or other dependence ;
i) surrender, frank repentance, active assistance in the discovery of the crime ;
j) rendering medical or other assistance to a victim after committing a crime, voluntary recovery of damages or losses ;

(2) If a circumstance indicated in part 1 of the present article is stipulated by the corresponding article of the present Code as an element of crime, it may not repeatedly be taken into account as a mitigating circumstance.

(3) When imposing a sentence other circumstances not pointed in the present article, part 1 may be considered to be mitigating.

Article 62. Aggravating Circumstances

(1) The following circumstances are considered to be aggravating :

a) return to crime, recidivism ;
b) commitment of a crime which causes grave consequences ;
c) commitment of a crime by an organized criminal group or criminal conspiracy ;
d) especially active role in committing a crime ;
e) commitment of a crime using individuals who knowingly suffer from a mental disease, or who are in the state of intoxication, as well as minors ;
f) commitment of a crime on the basis of national or religious hostility, revenge for lawful acts of other persons, and with the purpose to hide another crime ;
g) commitment of a crime against a woman when the defendant had knowledge of the victim's pregnancy, as well as against a minor, an individual who is in a helpless condition, or against an individual having dependence on the defendant ;
h) commitment of a crime in connection with the victim's execution of his official or public duty, or in regard to his close relatives ;
i) commitment of a crime by a person who broke the oath taken or professional oath ;
j) commitment of a crime with extreme brutality or humiliation ;
k) commitment of a crime using arms, ammunitions and explosives ;
l) commitment of a crime under conditions of emergency, social disaster, as well as under conditions of mass disorders ;
m) commitment of a crime in the state of alcoholic and narcotic intoxication ;
n) commitment of an intentional crime in regard to parents ;
o) commitment of a crime on the basis of mercenary or other vile motives.

(2) Depending on the character of the crime a court may not consider circumstances specified in the present article, items "m" and "n" to be aggravating.

(3) Aggravating circumstances specified by the present article , part 1 as an element of the crime shall not be reconsidered when imposing a sentence.

(4) When imposing a sentence a court may not consider circumstances not specified in the present Code to be aggravating.

Article 63. Mitigating a Sentence

(1) The Court, considering circumstances of the case which substantially diminish the degree of public danger of the act, and the character of the offender, and acknowledging the desirability of imposing a lesser sentence than the minimum sentence specified by the corresponding article of the Special Part of the Code, may mitigate the sentence, or may not impose a supplemental sentence which is obligatory under the articles of the Special Part of the present Code.

(2) Some mitigating circumstances or such circumstances in their entirety may be deemed to be exceptional.

(3) Two and more circumstances specified by law as circumstances mitigating a sentence if they substantially diminish the degree of public danger of the crime may be also considered to be exceptional.

GENERAL PART

SECTION III. Sentence

CHAPTER 10. Imposition of Sentence

Article 64. Sentencing for Crime Preparations, Criminal Attempt

(1) When imposing a sentence for crime preparations and criminal attempt the Court shall consider the circumstances which prevented the crime from being executed.

(2) The term or length of the sentence for crime preparations may not exceed a half of the maximum term or length of stricter sentence for the crime being executed specified by the corresponding article of the Special Part of the present Code.

(3) The term or length for criminal attempt may not exceed 3/4 of the maximum term or length of stricter sentence for the crime being executed provided for by the corresponding article of the Special Part of the Code.

(4) Death penalty is not imposed for crime preparations and criminal attempt.

GENERAL PART

SECTION III. Sentence

CHAPTER 10. Imposition of Sentence

Article 65. Sentencing for Complicity In Crime

(1) When determining a sentence for accessories the Court shall consider the character and the degree of involvement of each person in the commitment of the crime.

(2) Mitigating and aggravating circumstances for each individual accessory are considered by the Court only when sentencing that particular accessory.

GENERAL PART

SECTION III. Sentence

CHAPTER 10. Imposition of Sentence

Article 66. Sentencing for Repeated Relapse Into Crime (Recidivism)

(1) The number, character and degree of public danger of the crimes committed before, circumstances due to which the correctional influence of the previous sentence was not sufficient, as well as the character and degree of public danger of newly committed crimes are considered while sentencing for recidivism, dangerous recidivism and especially dangerous recidivism.

(2) The term of sentence for recidivism cannot be less than a half of the maximum term of the most strict type of sentence provided for the crime committed, for dangerous recidivism - not less than 2/3, for especially dangerous recidivism - not less than 3/4 of the maximum term of the most strict type of sentence provided for the crime committed.

(3) If an article (part of an article) of the Special Part of the present Code contains an indication of criminal record of a person who committed a crime as qualifying element, as well as when having the exceptional circumstances provided for by Article 64 of the present Code, the sentence for recidivism, dangerous recidivism and especially dangerous recidivism is imposed not taking into account rules specified by the present article, part 2.

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).