SPECIAL PART

SECTION 9. PROCEEDINGS IN FIRST INSTANCE COURT

CHAPTER 45. ADOPTING THE VERDICT

Article 360. Issues subject to resolution by court, when adopting the verdict

When adopting the verdict the court resolves the following issues in the following order: whether the deed of which the defendant is accused is proved;
whether this deed corresponds to the norms specified in the Special Part; whether it is proved that the defendant committed that deed;
whether the guilt of the defendant is proved in committing this crime; if yes, then by what article and part, paragraph of the Penal Code it is specified;
whether it is proved that there are extenuating or aggravating circumstances; whether the defendant is liable to punishment for the committed crime;
what punishment must be given specifically to the defendant;
whether the defendant must undergo the punishment;
the type of correction or disciplinary institution, with the appropriate regime, where the defendant must undergo his punishment in form of imprisonment;
whether the civil claim is liable to satisfaction, in whose favor and to what extent, whether the property damage inflicted is liable to compensation, if no civil claim was submitted; whether the compensation for damage inflicted to property by the crime or the possible seizure of property will be lifted;
what to do with exhibits;
whether the means of securing appearance will be eliminated, alternated or a means of securing appearance will be selected (what kind of means);
who and in what amount will pay the court costs;
whether enforced medical treatment for alcoholism or drug addiction must be applied to the defendant who has been convicted for the crime, whether wardship must be appointed.
When accusing the defendant of several crimes, the court resolves the issues indicated in paragraphs 1-9 of the first part of this Article separately for each crime.
In case of several defendants all issues indicated in the paragraphs of the first part of this Article are resolved in relation to each defendant separately.

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).