GENERAL PART
Aim of the Criminal Code

Chapter V
Infliction of Punishment

The Mitigation of Punishment

Section 87

(1) A principal punishment more lenient than the item of the punishment may be inflicted, if its lowest measure is too rigourous with respect to the provisions of Section 83.

(2) Within the meaning of Subsection (1), if the sentence to be imposed for a criminal act is

a) ten years of imprisonment, it may be reduced to a minimum of five years of imprisonment ;
b) five years of imprisonment, it may be reduced to a minimum of two years of imprisonment ;
c) two years of imprisonment, it may reduced to a minimum of one year of imprisonment ;
d) one year of imprisonment, it may reduced to a lesser term or community service, or a fine if the above sentence is deemed excessive in view of the personal circumstances of the perpetrator warranting special consideration ;
e) less than one year of imprisonment, it may be reduced to community service or a fine.

(3) In respect of an attempted criminal act or aiding and abetting a criminal act, if the sentence to be imposed under Paragraphs a)-d) of Subsection (2) remains overly severe, the next sentencing category of Subsection (2) shall be applied.

(4) If the Act allows unlimited mitigation, the smallest measure of any type of punishment may be inflicted.

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 77
Applicable penalties
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.