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.

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).