First Book
General Provisions

Section Two
CRIMES

CHAPTER THREE
Association in Crime

Part Two
Alliance in Crime

Article 50

(1) In case of alliance in felony, every individual shall be sentenced to a long imprisonment not exceeding seven years, even if the felony for which the alliance was made has not been initiated.

(2) In case of alliance in misdemeanor, every individual shall be sentenced to a prison term of-not more than two years, or to cash fine of not mere than twenty four thousand Afghanis.

Article 51 :

If the purpose of alliance is to commit a crime whose punishment is anticipated in the law loss than the punishment of article 50 of this Law, in this case the accused persons shall bo sentenced to one quarter of the maximum punishment fixed for the crime for which the alliance is made.

First Book
General Provisions

Section Three

CHAPTER ONE
Penal Responsibility and its Obstacles

Part Two
Obstacles to Penal Responsibility

First : Sensual Indisposition

3. Age

Article 83 :

If the teenage commits misdemeanor, the court can in his case, instead of the anticipated punishments for the said crime, take one of the measures contained in article 76 of this Law.

Article 84 :

(1) If the teenage commits a felony, whose punishment is death or continued imprisonment, the court can order his quarantine in the Correction House for a period not less than two years and not more than fifteen years.

(2) If the anticipated punishment for the felony is long imprisonment, the minimum period of his quarantine in the Correction House cannot be less than one year and its maximum not more than half of the maximum of long imprisonment.

(3) If the maximum punishment for the felony should be less than ten years, the court can order his Quarantine in the Correction House for a period of less than one year and more than half of the maximum of the anticipated punishment for that same felony.

First Book
General Provisions

Section Three

CHAPTER FIVE
Legal Excuses and Judicially Extenuating Conditions

Article 141

(1) Excuses either acquit from charges or extenuate them. Acquitting and extenuating excuses shall be made clear in the Law ; otherwise, judicially extinuating conditions are those instance where the crime is committed on the basis of honourable motives or that the criminal has acted because of unlawful incitement of the person against whom the crime has been committed, or that the court makes the inference from the conditions and circumstance of the crime and the criminal.

(2) The court must clearly describe in its verdict tho acquitting excuses.

Article 142

Acquitting excuses comprise the basis of restriction of criminal responsibility and hinders the ordering of principal, consequential and complementary punishments.

Article 143 :

(1) When extinuating excuses come into presence in a felony for which the punishment is death, the court can reduce it to continued imprisonment.

(2) If the punishment for the felony is continued imprisonment or long imprisonment, the court can reduce the continued imprisonment to long imprisonment and the long imprisonment to medium imprisonment.

Article 144 :

When extenuating excuses come into presence in misdemeanor, its punishment shall be reduced as follows :

(1) If the anticipated punishment has a minimum limit, the court in determining the punishment cannot be restricted by it.
(2) If the anticipated punishment, the court can order one of them.
(3) If no minimum punishment is fixed in the law, the court can order cash punishment.

Article 145 :

When the court in examination of a case finds out that the conditions and circumstances of crime and criminal in the committed felony require compassion, it can change the anticipated punishments of the felony as follows :

1. Death sentence to continued imprisonment or long imprisonment which should not be less than ten years.
2. Long imprisonment to medium or short imprisonment which should not be less than six months.

Article 146 :

When the court in examination of a case finds out that the conditions and circumstances of crime and criminal in the committed misdemeanor require compassion, it can apply the provisions of article 144 of this Law.

Article 147 :

In all cases where the court extinuate the punishment in accordance with the provisions of articles 143, 144, 145 and 146 of this Law, it is obliged to explain the excuses and circumstances, based on which the punishment has boon extenuated, in the reasons for its verdict.

First Book
General Provisions

Section Three

Chapter SIX
General Aggravating, Conditions

Article 148 :

Without prejudice to the special conditions of aggravation of punishment anticipated in this Law, general aggravating conditions area

1. When the motive of crime is low and corrupt.
2. When the crime takes place in realiztion of weakness of the senses of the person against whom a felony is committed or his inability to defend himself.
3. When the crime is committed in a savage manner or the person against whom a felony is committed has been disfigured.
4. When an official of public services, making use of his official prestige and influence, commits a crime.
5. When, making use of the state of economic crisis, crime is committed.

Article 149 :

If an aggravating condition is present in the crime, the court can order as follows :

1. To death, in cases the anticipated punishment is continued imprisonment.
2. To more than the maximum of punishment, in cases where tho anticipated punishments are long, medium or short imprisonment, provided it does not exceed the double of maximum of principal punishment. In any case, the aggravation of long imprisonment cannot exceed twenty years.

Article 150 :

(1) Whenever aggravating conditions come together in one crime with extinuating excuses or judicially extinuating conditions, which require compassion, the court shall observe first of all the aggravating conditions, secondly the extinuating excuses and lastly the judicially extinuating conditions requiring compassion.

(2) If the aggravating conditions should be equivalent to extinuating excuses and judicially extinuating conditions requiring compassion, the court can order to the anticipated principal punishment of the crime without taking any of these conditions into consideration. If the aggravating conditions and opposing excuses and judicially extinuating conditions should be different in their effect, the court can prefer the strongest of them for tho purpose of insuring justice.

Article 151

(1) If the crime has been committed for the purpose of gaining an illicit acquisition and the punishment anticipated in the law should be other than compensation for the damage, the court can order compensation of the damage in addition to the anticipated punishment, provided that the compensation does not exceed the price of what the criminal has acquired or was aiming to acquire.

(2) This provision is applicable only when the law has not stipulated the contrary.

Artiolo 152 :

The following persons shall be considered recidivist :

1. A person who has been sentenced to a punishment for committing felony and commits felony or misdemeanor after the issuance of final verdict and prior to expiration of the deadline fixed by law for restoration of honour.

2. A person who has been sentenced to a punishment for committing misdemeanor and commits a felony after the issuance of final verdict and prior to the expiration of the deadline fixed by law for restoration of honour.

Article 153 :

Crimes which are mentioned together in one paragraph of the following paragraphs are considered similar :

1. Amezzlement, larceny, trickery and fraud, threat, dishonesty in trust, usurpation of goods and documents and hiding article obtained through those crimes or taking possession of the said article illegitimately ;
2. Defamation, insult, abuse and divulgence at secret ;
3. Crimes against public manners and good morals ;
4. Murder and intentional molestation ;
5. Other intentional crimes which have been described under the same section in this Law.

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).