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.

Article 48- Mitigating circumstances

The following circumstances mitigate the punishment:

a) When the act is committed due to positive moral and social values;

b) When the act is committed under the effect of a psychiatric disorder caused by provocation or the unfair acts of the victim or some other person;

c) When the act is committed under the influence of wrong actions or instructions of a superior;

ç) When the person who has committed the act shows deep repentance;

d) When the person has compensated for the damage caused by the criminal act or has actively helped to eliminate or decrease its consequences;

dh) When the person gives himself over to the competent authorities after committing the criminal act;

e) When the relationship between the offender and the victim has turned to normality.

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).