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 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).