1 General Part

CHAPTER VI- DETERMINATION OF PUNISHMENT

Article 47- Manner of determination of punishment

The court determines the punishment in compliance with the provisions of the general part of this code and the limits of punishment on criminal acts provided for by law.

In determining the range of punishment against a person the court considers the dangerousness of the criminal act, the dangerousness of the person who committed the act, the level of guilt, as well as both mitigating and aggravating circumstances.

1 General Part

CHAPTER VI- DETERMINATION OF PUNISHMENT

Article 50- Aggravating circumstances

The following circumstances aggravate the punishment:

a) When the act committed is based upon weak motives;

b) When the act is committed for the purpose of making responsible or hiding the criminal responsibility of a third person, or for avoiding the sentencing for another criminal act; or to accomplish, or to gain for him/herself or for the third party property profits, or any kind of material profit;

c) When the criminal act is committed savagely and ruthlessly;

ç) When an offence is committed after a sentence was decided for a previous offence;

d) When actions which aggravate or increase the consequences of a criminal act are committed;

dh) When the act is committed by abusing duties which derive from a state or religious function or service;

e) When the act is committed against children, pregnant women, or other people who, for different reasons, cannot protect themselves;

f) When the act is directed against representatives of other states;

g) When the act is committed by taking advantage of family, friendship, or hospitable relations;.

gj) When the act is committed in collusion;

h) When the act is committed more than one time;

i) When the offense is committed using arms; military munitions; exploding, combustible, poisoning and radioactive substances.

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).