General provision

SECTION III
ABOUT PUNISHMENT

CHAPTER 10
ASSIGNMENT OF PUNISHMENT

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 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).