General provision

SECTION III
ABOUT PUNISHMENT

CHAPTER 10
ASSIGNMENT OF PUNISHMENT

Article 58. General grounds of assignment of punishment

58.1. To the person, which is recognized as guilty in commitment of a crime, shall be appointed fair punishment in the limits provided by appropriate articles of the Especial part of the present Code, and in view of positions of the General part of the present Code. More strict kind of punishment from among provided for a crime shall be appointed only in case, if less strict kind of punishment can not provide achievement of the purposes of punishment.

58.2. More strict punishment, than appropriate articles of the Especial part of the present Code provide it for commitment of a crime, can be appointed on set of crimes and on set of decisions only according to articles 66 and 67of the present Codes. The grounds for assignment of less strict punishment for commitment of a crime, than it is provided by appropriate article of the Especial part of the present Code shall be determined by article 62 of the present Code.

58.3. At assignment of punishment nature and degree of public danger of a crime, personality of guilty, including the circumstances softening and aggravating punishment, and also influence of the appointed punishment on correction of condemned and on conditions of his familyâTMs life, shall be taken into account.

Article 59. Circumstances mitigating punishment

59.1. Circumstances softening punishment shall be following :

59.1.1. commitment for the first time, owing casual coincidence of circumstances, a crimes which are not representing big public danger or less serious crimes ;
59.1.2. commitment of a crime by the minor ;
59.1.3. commitment of a crime by the pregnant woman ;
59.1.4. presence of dependent on the person, who have committed a crime, of a juvenile child;
59.1.5. commitment of a crime by virtue of confluence at heavy vital circumstances or on motive of compassion ;
59.1.6. commitment of a crime as a result of physical or mental compulsion or by virtue of material, service or other dependence ;
59.1.7. commitment of a crime at infringement of conditions on legitimacy of necessary defense, detention of the person who has made socially dangerous act, emergency, proved risk, execution of the order or instructions ;
59.1.8. commitment of a crime owing to illegal or immoral actions of the victim or in a condition of suddenly arisen strong emotional excitement (affect) caused by such actions ;
59.1.9. to give him self up and to confess , active actions on disclosing of a crime, exposure of other accomplices of a crime, to search and detection of the property extracted as a result of a crime ;
59.1.10. rendering of medical and other help to the victim after direct r commitment of a crime, voluntary compensation or elimination of the material and moral harm, caused as a result of a crime, attempt to come to consent with the victim, other actions directed on smoothing down of harm, caused to the victim.

59.2. At assignment of punishment can be taken into account as mitigating circumstances, which have been not provided by articles 59.1.1-59.1.10 of the present Code.

59.3. If mitigating circumstance is provided by appropriate article of the Especial part of the present Code as an attribute of a crime, it repeatedly can not be taken into account at assignment of punishment.

Article 60. Assignment of punishment at presence of mitigating circumstances

At presence of the circumstances mitigating punishment, as it is provided by articles 59.1.9 and 59.1.10 of the present Code, and absence of aggravating circumstances, term or measure of punishment can not exceed three quarters of a limit of more strict kind of the punishment, provided by appropriate article of the Especial part of present code.

Article 61. Circumstances aggravating punishment

61.1. Circumstances aggravating punishment are the following :

61.1.1. repeated commitment of crimes, relapse of crimes ;
61.1.2. approach of heavy consequences as a result of commitment of a crime ;
61.1.3. commitment of a crime on preliminary arrangement by group of the persons, by organized group or criminal community (criminal organization) ;
61.1.4. especially active participation in commitment of a crime ;
61.1.5. Attraction to commitment of a crime of the persons, suffering from heavy mental frustration or taking place in a condition of intoxication, and also the persons, who have not reached age, which gives an opportunity on attraction of them to a criminal liability ;
61.1.6. Commitment of a crime on grounds of national, racial, religious hatred or fanaticism, revenge from lawful actions of other persons, with mercenary purpose or other low prompting, and also with a purpose to hide other crime or to mitigate its commitment ;
61.1.7. commitment of a crime concerning a woman, obviously know as pregnant to a guilty, and also concerning a juvenile, elderly or helpless person or person, which is in dependence from guilty ;
61.1.8. commitment of a crime concerning a person or his close relatives in connection with implementation by the person of service activity or performance of the public debt ;
61.1.9. commitment of a crime with a special cruelty, tortures or tortures of a victim ;
61.1.10. commitment of a crime with use of fire-arms, explosive means, and also others publicly dangerous ways and means ;
61.1.11. commitment of a crime in conditions of state emergency, spontaneous or other public disaster, and also at mass disorders ;
61.1.12. commitment of a crime with use of uniform or documents of the representative of authority ; 61.1.13. commitment of a crime with use of the trust rendered to guilty by virtue of his service position or contract.

61.2. At assignment of punishment can not be taken into account as aggravating circumstances, circumstances, which have been not provided by articles 61.1.1-61.1.13 of the present Code.

61.3. The aggravating circumstance provided by appropriate article of the Especial part of the present Code as an attribute of a crime, can not be taken into account repeatedly at assignment of punishment.

Article 62. Assignment of mitigate punishment, than it is provided for the given crime

62.1. At presence of the exclusive circumstances, connected to the purposes and motives of a crime, a role of guilty, his behavior in time or after commitment of a crime and other circumstances essentially reducing a degree of public danger of a crime, and on equal active assistance of the participant of the crime accomplished by accomplices, to disclosing of this crime, punishment can be appointed below the lowest limit provided by appropriate article of the Especial part of the present Code, or the court can appoint mitigate kind of punishment, than it is provided by this article or to not apply on additional kind of punishment provided as obligatory.

62.2. Exclusive can be recognized both as separate softening circumstances, and set of such circumstances . Article 63. Assignment of punishment for uncompleted crime.

63.1. At assignment of punishment for uncompleted crime, circumstances by virtue of which the crime was not finished shall be taken into account.

63.2. Term or measure of punishment for crime preparation can not exceed half of maximal limit, for a most strict kind of the punishment provided by appropriate article of the Especial part of the present Code, for a finished crime.

63.3. Term or measure of punishment for attempt at a crime can not exceed three quarters of the maximal limit, for a most strict kind of the punishment provided by appropriate article of the Especial part of the present Code, for a finished crime.

63.4. Life imprisonment, for preparation of a crime and attempt at a crime, shall not be appointed.

Article 64. Assignment of punishment for a crime accomplished in accomplice

64.1. At assignment of punishment for a crime accomplished in accomplice, nature and degree of actual participation of each accomplice in its fulfillment, value of this participation for achievement of the purpose of a crime, its influence on the size and nature of the caused harm shall be taken into account.

64.2. The mitigating or aggravating circumstances concerning the person, who is one of accomplices, shall be taken into account at assignment of punishment only concerning this person.

Article 65. Assignment of punishment at relapse of crimes

65.1. At assignment of punishment at a relapse, dangerous relapse and especially dangerous relapse of crimes the number, nature, size and consequences of committed crimes, circumstances by virtue of which corrective influence of a previous punishment appeared insufficient, and also nature, size and consequences of again committed crime shall be taken into account.

65.2. Term of punishment at relapse of crimes can not be lower than half, at dangerous relapse of crimes - not less than two thirds, and at especially dangerous relapse of crimes - not less than three quarters of a limit of a most strict kind of the punishment, provided for a committed crime in appropriate article of the Especial part of present code.

65.3. If article of the Especial part of the present Code contains the indication on a previous conviction of the person, who have committed a crime as on qualifying attribute, and also at presence of the exclusive circumstances provided by article 62 of the present Code, punishment at the relapse, dangerous relapse or especially dangerous relapse of crimes is appointed without taking into account the rules provided by article 65.2 of the present Code.

Article 66. Assignment of punishment on set of crimes

66.1. At set of crimes for each committed crime shall be appointed separate punishment and by absorption of less strict punishment to more strict or by full or partial addition of the appointed punishments shall be appointed final punishment.

66.2. If the crimes accomplished on set, are only the crimes which are not representing big public danger, final punishment shall be appointed by absorption of less strict punishment to more strict or by full or partial addition of punishments. Thus final punishment can not exceed the maximal limit of the punishment provided for serious committed crimes.

66.3. If even one of crimes accomplished on set, is less serious, minor serious or serious crime final punishment shall be appointed by full or partial addition of punishments. Thus final punishment as imprisonment can not exceed fifteen years.

66.4. At set of crimes the additional kinds of punishments established by appropriate articles of the Especial part of the present Code, for these crimes, can be attached to the basic kinds of punishments. Final additional punishment at full or partial addition of punishments can not exceed the maximal limit provided for the given kind of punishment by the General part of the present Code.

66.5. Punishment shall be appointed by the same rules, if after appointment by court of a decision on case will be established, that condemned is guilty also in other crime, accomplished by him before judgment was adopted. In this case, served time on the first decision of court shall be set off as final punishment.

Article 67. Assignment of punishment on set of decisions

67.1. At assignment of punishment on sets of decisions, court, to the punishment appointed on a new decision, in part or completely attaches deserved part of punishment on the previous decision.

67.2. Term or measure of the final punishment which have been not connected to imprisonment, on set of decisions can not exceed the maximal limit provided by the General part of the present Code for the given kind of punishment.

67.3. Final punishment on set of decisions, as imprisonment can not exceed twenty years.

67.4. Final punishment on set of decisions should be more, than punishment appointed for again committed crime, and deserved parts of punishment on the previous decision of court.

67.5. Connection of additional kinds of punishments at punishment assignment on set of decisions shall be appointed by the rules provided by article 66.4 of the present Code.

67.6. At commitment by a person, who is serving time as life imprisonment for a new crime, again appointed punishment should be absorbed by life imprisonment.

Article 68. Order of definition terms at addition of punishments

68.1. At partial or full addition of punishments on set of crimes and sets of decisions correspond to one day of imprisonment :

68.1.1. one day of the maintenance in disciplinary military unit ;
68.1.2. two days of restriction of freedom ;
68.1.3. three days of corrective works or restrictions on military service; 68.1.4. eight hours of public works.

68.2. Deprivation of the right to hold the certain posts or to engage in the certain activities, deprivation of the right to operate a vehicle, deprivation of special, military or honorary title and state award, and also the penalty or confiscation of property at their addition with corrective works, maintenance in disciplinary military unit, restriction on military service, imprisonment shall be executed independently.

Article 69. Calculation of punishments terms and offset of punishment

69.1. Terms of deprivation of the right to hold a certain posts or to engage in the certain activity, deprivations of the right to operate a vehicle, restrictions on military service, corrective works, restriction of freedom, maintenance in disciplinary military unit, imprisonment shall be estimated in months and years, and public works - in hours.

69.2. At replacement of punishment or addition to punishments provided by article 69.1 of the present Code and also at offset of punishment terms, punishments can be estimated in days.

69.3. Time of the maintenance of the person under guards up to introduction of a decision into validity shall set off in terms of imprisonment and maintenance in disciplinary military unit at the rate of one day for one day, restrictions of freedom - one day for two days, corrective works and restrictions on military service - one day for three days, and time of public works - one day for eight days.

69.4. At assignment to condemned, maintained under guards before proceeding deprivation of a right to hold the certain posts or to engage in the certain activity, as a basic kind of punishment, court taking into account term of holding in custody, commutes the appointed punishment or completely releases him from serving this punishment.

Article 70. Conditional condemnation

70.1. If the court, appointed corrective works, restriction on military service, maintenance in disciplinary military unit, restriction of freedom or imprisonment on the certain term will consider probable correction of the punishment to condemned without serving, it can take out a decision about conditional application of given punishment.

70.2. At assignment of conditional condemnation the court takes into account nature and a degree of public danger of committed crime, condemned person, and also circumstances mitigating and aggravating fault.

70.3. At assignment of conditional condemnation by court, shall be established suspension period. During this term condemned should prove his behavior for correction. The suspension period shall be appointed for the term from six months up to five years.

70.4. At conditional condemnation can be appointed additional punishments.

70.5. The court, appointing conditional condemnation, can assign on condemned the following duties: to not change a constant residence, study, work without notice to appropriate body which is carrying out control of condemned behavior, to not attend certain place, to pass course of treatment from alcoholism, narcotics, glue sniffing or venereal disease render material support to family. The court can assign on condemned execution and other duties promoting his correction.

70.6. The control on behavior of conditionally condemned shall carry out appropriate state bodies, and concerning military men - shall carry out command of military units and establishments.

70.7. During a trial period the court on presentation of the state body which is carrying out the control over behavior of conditionally condemned, can cancel in full or in part or add earlier established for condemned duties.

Article 71. Cancellation of conditional condemnation or extension of a suspension period

71.1. If after the expiration of suspension period, which is not less than half of it conditionally condemned by his behavior has proved a correction, a court on presentation of the state body, which is carrying out a control over behavior of condemned, can decide about a cancellation of conditional condemnation and about removal on condemned of previous convictions.

71.2. At application in attitude of conditionally condemned on administrative penalty for evasion from execution of assigned on him by court of duties or for infringement of a social order the court, on the basis of representation of the state body provided in article 71.1 of the present Code, can extend a trial period, but not more than one year.

71.3. At regular or malicious default by conditionally condemned during a suspension period assigned on him by court of duties, a court, on presentation of the state body provided in article 71.1 of the present Code, can decide about a cancellation of conditional condemnation and execution of the punishment appointed by a decision of court.

71.4. At commitment by conditionally condemned during a suspension period of a crime on imprudence or deliberate crime which are not representing to a big public danger, a question on a cancellation or preservation of conditional condemnation shall be solved by court.

71.5. At commitment by conditionally condemned during a trial period deliberate less serious, deliberate minor serious or serious crime a court cancels conditional condemnation and appoints to him to punishment according to article 67 of the present Code. According to same rules shall be appointed punishment in the cases provided by article 71.4 of the present Code.

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).