GENERAL PROVISIONS

CHAPTER VI
RELEASE FROM CRIMINAL LIABILITY

Article 39. Release from Criminal Liability on the Basis of Mitigating Circumstances

A person who commits a misdemeanour or a negligent crime may be released from criminal liability by a reasoned decision of a court where :

1) he commits the criminal act for the first time, and
2) there are at least two mitigating circumstances provided for in paragraph 1 of Article 59 of this Code, and
3) there are no aggravating circumstances.

GENERAL PROVISIONS

CHAPTER VII
PENALTY

Article 47. Fine

1. A fine shall be a pecuniary penalty imposed by a court in the cases provided for in the Special Part of this Code.

2. A fine shall be calculated in the amounts of minimum standard of living (MSL). The minimum amount of a fine shall be one MSL.

3. The amounts of a fine shall be determined as follows :

1) for a misdemeanour – up to the amount of 50 MSLs.
2) for a minor crime – up to the amount of 100 MSLs ;
3) for a less serious crime – up to the amount of 200 MSLs ;
4) for a serious crime – up to the amount of 300 MSLs ;
5) for a negligent crime – up to the amount of 75 MSLs.

4. The amount of a fine for a legal entity shall be up to 50 000 MSLs.

5. The sanction of an article shall not indicate the amount of a fine for a committed criminal act. It shall be specified by a court when imposing the penalty.

6. Where a person does not possess sufficient funds to pay a fine imposed by a court, the court may, in compliance with the rules stipulated in Article 65 of this Code and subject to the convict’s consent, replace this penalty with community service.

7. Where a person evades voluntary payment of a fine and it is not possible to recover it, a court may replace the fine with arrest. When replacing the fine with arrest, the court shall act in compliance with the rules stipulated in Article 65 of this Code.

GENERAL PROVISIONS

CHAPTER VIII
IMPOSITION OF A PENALTY

Article 54. Basic Principles of Imposition of a Penalty

1. A court shall impose a penalty according to the sanction of an article of the Special Part of this Code providing for liability for a committed criminal act and in compliance with provisions of the General Part of this Code.

2. When imposing a penalty, a court shall take into consideration :

1) the degree of dangerousness of a committed criminal act ;
2) the form and type of guilt ;
3) the motives and objectives of the committed criminal act ;
4) the stage of the criminal act ;
5) the personality of the offender ;
6) the form and type of participation of the person as an accomplice in the commission of the criminal act ;
7) mitigating and aggravating circumstances.

3. Where imposition of the penalty provided for in the sanction of an article is evidently in contravention to the principle of justice, a court may, taking into consideration the purpose of the penalty, impose a commuted penalty subject to a reasoned decision.

GENERAL PROVISIONS

CHAPTER VIII
IMPOSITION OF A PENALTY

Article 56. Imposition of a Penalty upon a Repeat Offender for the Commission of a Premeditated Crime

1. A court shall generally impose a custodial sentence upon a repeat offender for the commission of a premeditated crime.

2. For the commission of a premeditated crime, a dangerous repeat offender shall be imposed a penalty more severe than the average custodial sentence prescribed by the sanction of an article for the committed crime. Another penalty may be imposed upon a dangerous repeat offender only on the grounds provided for in Article 62 of this Code.

GENERAL PROVISIONS

CHAPTER VIII
IMPOSITION OF A PENALTY

Article 57. Imposition of a Penalty for Preparation for Commission of and an Attempt to Commit a Criminal Act

1. A penalty for preparation for commission of or an attempt to commit a crime or a misdemeanour shall be imposed according to the general procedure and having regard to the dangerousness of the actions performed by the offender, the degree of accomplishment of the criminal intent and the reasons for which the criminal act was not accomplished.

2. Preparation for commission of or an attempt to commit a criminal act may, based on Article 62 of this Code, be subject to a more lenient penalty than the one provided for the completed criminal act.

GENERAL PROVISIONS

CHAPTER VIII
IMPOSITION OF A PENALTY

Article 58. Imposition of a Penalty upon Accomplices in a Criminal Act

1. A penalty shall be imposed upon accomplices in a crime or misdemeanour in accordance with the general procedure and taking into consideration the type and form of participation of the person as an accomplice in the commission of the criminal act as well as the role and nature of participation therein.

2. Members of an organised group for the commission of a crime shall be generally imposed a more severe penalty than to members of a group of accomplices.

GENERAL PROVISIONS

CHAPTER VIII
IMPOSITION OF A PENALTY

Article 59. Mitigating Circumstances

1. The following shall be considered as mitigating circumstances :

1) the offender has provided assistance to the victim or otherwise actively avoided or attempted to avoid more serious consequences ;
2) the offender has confessed to commission of an act provided for by a criminal law and sincerely regrets or has assisted in the detection of this act or identification of the persons who participated therein ;
3) the offender has voluntarily compensated for or eliminated the damage incurred ;
4) the criminal act has been committed due to a very difficult financial condition or desperate situation of the offender ;
5) the act has been committed as a result of mental or physical coercion, where such a coercion does not eliminate criminal liability ;
6) the commission of the act has been influenced by a provoking or venturesome behaviour of the victim ;
7) the act has been committed at the request of the victim, who is in a desperate situation ;
8) the act has been committed in violation of conditions of arrest of a person who has committed the criminal act, direct necessity, discharge of professional duty or performance of an assignment of law enforcement institutions, conditions of industrial or economic risk or lawfulness of a scientific experiment ;
9) the act has been committed by exceeding the limits of self-defence, where a criminal law provides for liability for exceeding the limits of self-defence ;
10) the act has been committed in a state of extreme agitation caused by unlawful actions of the victim ;
11) the act has been committed by a person of diminished legal capacity ;
12) the act has been committed by a person intoxicated by alcohol or drugs against his will ;
13) a voluntary attempt to renounce commission of the criminal act has been unsuccessful.

2. A court may also recognise as mitigating other circumstances which have not been indicated in paragraph 1 of this Article.

3. When imposing a penalty, a court shall not take into consideration a mitigating circumstance which is provided for in a law as constituting the body of a crime.

GENERAL PROVISIONS

CHAPTER VIII
IMPOSITION OF A PENALTY

Article 60. Aggravating Circumstances

1. The following shall be considered as aggravating circumstances :

1) the act has been committed by a group of accomplices. Taking into consideration the nature and extent of participation of each accomplice in the commission of the criminal act, a court shall have the right not to recognise this circumstance as aggravating ;
2) the act has been committed by an organised group ;
3) the act has been committed by reason of disorderly conduct or for mercenary reasons ;
4) the act has been committed by torturing the victim or subjecting him to taunting ;
5) the act has been committed against a young child ;
6) the act has been committed against a person in a helpless state owing to an illness, disability, old age or for other reasons, in the absence of the person’s request ;
7) the act has been committed against a woman known to be pregnant ;
8) the act has been committed by taking advantage of a public or other person’s disaster ;
9) the act has been committed by a person under the influence of alcohol, narcotic, psychotropic or other psychoactive substances, where these circumstances influenced the commission of the criminal act ;
10) the act has been committed in a publicly dangerous manner or by using explosives, explosive materials or firearms ;
11) the committed act has caused grave consequences ;
12) the act has been committed in order to express hatred towards a group of persons or a person belonging thereto on grounds of age, sex, sexual orientation, disability, race, nationality, language, descent, social status, religion, convictions or views.

2. When imposing a penalty, a court shall not take into consideration an aggravating circumstance which is provided for in a law as constituting the body of a crime.

GENERAL PROVISIONS

CHAPTER VIII
IMPOSITION OF A PENALTY

Article 61. Imposition of a Penalty in the Presence of Mitigating and/or Aggravating Circumstances

1. When imposing a penalty, a court shall take into consideration whether only mitigating circumstances or only aggravating circumstances, or both mitigating and aggravating circumstances have been established and shall assess the relevance of each circumstance.

2. Having assessed mitigating and/or aggravating circumstances, the amount, nature and interrelation thereof, also other circumstances indicated in paragraph 2 of Article 54, a court shall make a reasoned choice of a more lenient or more severe type of a penalty as well as the measure of the penalty with reference to the average penalty.

3. The average penalty provided for by a law shall be determined as the aggregate of the minimum and maximum measure of a penalty provided for in the sanction of an article, which is subsequently divided by half. Where the sanction of the article prescribes no minimum measure of a penalty for a committed criminal act, the average penalty shall be determined on the basis of the minimum measure of a penalty fixed for that type of penalties.

4. Where the offender voluntarily confesses to commission of a crime, sincerely regrets it and actively assists in the detection of the crime as well as there are no aggravating circumstances, a court shall impose upon him a custodial sentence not exceeding the average penalty provided for in the sanction of an article for the committed crime or a non-custodial sentence.

5. A court may impose a custodial sentence not exceeding the average penalty provided for in the sanction of an article for the committed crime upon a person who participated in the commission of a premeditated murder, where he makes a confession regarding all the criminal acts committed by him and actively assists in the detection of the premeditated murder committed by members of an organised group or a criminal association.

6. Paragraph 5 of this Article shall not apply to the organiser or leader of a premeditated murder, organised group or criminal association.

GENERAL PROVISIONS

CHAPTER VIII
IMPOSITION OF A PENALTY

Article 63. Imposition of a Penalty for the Commission of Several Criminal Acts

1. Where several criminal acts have been committed, a court shall impose a penalty for each criminal act separately and subsequently impose a final combined sentence. When imposing a final combined sentence, the court may impose either a consolidated sentence or a fully or partially cumulative sentence.

2. Where a consolidated sentence is imposed, a more severe penalty shall cover a more lenient penalty and the final combined sentence shall be equal to the most severe penalty imposed for all the separate criminal acts.

3. Where a fully cumulative sentence is imposed, all more lenient sentences which have been imposed shall be added to the most severe penalty imposed for one of the committed criminal acts.

4. Where a partially cumulative sentence is imposed, more lenient penalties shall be added in part to the most severe penalty imposed for one of the committed criminal acts.

5. A court shall impose a consolidated sentence where :

1) there is a full concurrence of criminal acts ;
2) where the committed criminal acts differ markedly in their degree of dangerousness and are assigned to different types or categories of criminal acts according to Articles 10 or 11 of this Code ;
3) where a custodial sentence for a period of twenty years or life imprisonment has been imposed for the commission of one of the criminal acts.

6. Where imposing a final sentence a part of the imposed sentences may be consolidated, whereas others may only be fully or partially accumulated, a court shall combine sentences by way of consolidation and accumulation of sentences. A court shall make a choice of the procedure for combining sentences upon assessing the nature and dangerousness of the committed criminal acts.

7. When a penalty is imposed on the grounds provided for in paragraph 1 of this Article, a final combined sentence may not exceed twenty years of imprisonment, whereas in the cases when a penalty of another type is imposed, the penalty may not exceed the maximum penalty established for this kind of penalty in this Code.

8. A court may not impose a combined sentence of a type which has not been imposed for the individual criminal acts.

9. A penalty shall be imposed according to the rules stipulated in this Article also in the cases when following the passing of a judgement it is established that a person had committed one more crime or misdemeanour prior to the passing of the judgement in the first case. In this case, the fully or partially served sentence imposed by the previous judgement shall be included in the term of the sentence.

10. A person shall not be considered to have committed several criminal acts where he has committed a continuous criminal act.

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).