GENERAL PART

SECTION III. Sentence

CHAPTER 10. Imposition of Sentence

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 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).