GENERAL PART

SECTION III. Sentence

CHAPTER 10. Imposition of Sentence

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 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).