GENERAL PART

CHAPTER ONE
GENERAL PROVISIONS

Criminal Sanctions and their General Purpose
Article 4

(1) Criminal sanctions are punishment, caution, security measures and rehabilitation measures.

(2) The general purpose of prescription and imposing of criminal sanctions is to suppress acts that violate or endanger the values protected by criminal legislation.

(3) A criminal sanction may not be imposed on a person who has not turned fourteen at the time of the commission of an offence. Rehabilitation measures and other criminal sanctions may be imposed on a juvenile under the conditions prescribed by a special law.

GENERAL PART

Chapter Four
PENALTIES

1. Purpose of Punishment, Types of Punishment and Requirements for Imposition thereof

Purpose of Punishment
Article 42

Within the framework of the general purpose of criminal sanctions (Article 4, paragraph 2), the purpose of punishment is :

1) to prevent an offender from committing criminal offences and deter them from future commission of criminal offences ;
2) to deter others from commission of criminal offences ;
3) to express social condemnation of the criminal offence, enhance moral strength and reinforce the obligation to respect the law.

GENERAL PART

Chapter Four
PENALTIES

2. Determination of Sentence

General Principles on Sentencing
Article 54

(1) The court shall determine a punishment for a criminal offender within the limits set forth by law for such criminal offence, with regard to the purpose of punishment and taking into account all circumstance that could have bearing on severity of the punishment (extenuating and aggravating circumstances), and particularly the following: degree of culpability, the motives for committing the offence, the degree of endangering or damaging protected goods, the circumstances under which the offence was committed, the past life of the offender, his personal situation, his behaviour after the commission of the criminal offence and particularly his attitude towards the victim of the criminal offence, and other circumstances related to the personality of the offender.

(2) In determining the fine in particular amount (Article 50), the court shall afford particular consideration to financial status of the offender.

(3) The circumstance which is an element of a criminal offence may not be taken into consideration either as aggravating or extenuating, unless it exceeds the degree required for establishing the existence of the criminal offence or particular form of the criminal offence or if there are two or more of such circumstances, and only one is sufficient to define the existence of a severe or less severe form of criminal offence.

GENERAL PART

Chapter Four
PENALTIES

2. Determination of Sentence

Special circumstances for determination of sentence for hate crime
Article 54a

If a criminal offence is committed from hate based on race or religion, national or ethnic affiliation, sex, sexual orientation or gender identity of another, the court shall consider such circumstance as aggravating except when it is not stipulated as a feature of the criminal offence.

GENERAL PART

Chapter Four
PENALTIES

2. Determination of Sentence

Mitigation of Penalty
Article 56

The court may pronounce to a perpetrator of a criminal offence a penalty which is under statutory limits or a mitigated penalty, if :

1) mitigation of penalty is provided by law ;
2) the law provides for remittance from punishment of the offender and the court decides otherwise ;
3) the court finds that particularly mitigating circumstances exist and determines that the purpose of punishment may be achieved by a mitigated penalty.

Limits of mitigation
Article 57

When requirements for mitigation of penalty specified in Article 56 hereof are met, the court shall mitigate the penalty within the following limits :

1) if a minimum statutory penalty for a criminal offence is a term of imprisonment of ten years or more, the sentence may be reduced to no less than seven years’ imprisonment;
2) if the lowest statutory penalty for the criminal offence is imprisonment of five years, the sentence may be reduced to three years imprisonment ;
3) if the lowest statutory penalty for the criminal offence is imprisonment of three years, the sentence may be reduced to one-year imprisonment ;
4) if the lowest statutory penalty for the criminal offence is imprisonment of two years, the sentence may be reduced to six-month imprisonment ;
5) if the lowest statutory penalty for the criminal offence is imprisonment up to one year, the sentence may be reduced to three months ;
6) if the lowest statutory penalty for the criminal offence is imprisonment under one year, the sentence may be reduced to thirty -day imprisonment ;
7) if the statutory penalty for the criminal offence does not specify minimum sentence, imprisonmentmay be replaced by fine or community service ;
8) if the statutory penalty for the criminal offence is a fine with specified lowest amount, the fine may be reduced to ten daily amounts and/or ten thousand dinars.

Notwithstanding paragraph 1 hereof, a penalty may not be mitigated for criminal offences specified in Articles 134 paras 2 and 3, 178, 179, 180, 214 paras 2 and 3, 246 paras 1 and 3, 350 paras 3 and 4 and 388 hereof.

(3) Notwithstanding paragraph 1 hereof, a penalty imposed on an offender who has previously been convicted of same kind/type offence may not be mitigated.

(4) When the court has powers of remittance from punishment, it may reduce the penalty without limitations stipulated in paras 1 and 3 of this Article.

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).