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).