GENERAL PART

TITLE THREE
CRIMINAL LIABILITY

CHAPTER TEN
IMPOSITION OF AND RELEASE FROM PUNISHMENT

Article 54. General Principles of Imposing Punishment

54.1. The court shall impose punishment in strict compliance with the provisions of this Code, being guided by the principle of justice and legal conscience, within the types and limits established by the Special Part.

54.2. When imposing punishment the court shall take into comprehensive consideration the nature and degree of social danger of the committed crime, the character of the culprit, reasons and circumstances of the case, motive, purpose, nature and degree of the harm caused, and circumstances which mitigate or aggravate the liability.

GENERAL PART

TITLE THREE
CRIMINAL LIABILITY

CHAPTER TEN
IMPOSITION OF AND RELEASE FROM PUNISHMENT

Article 55. Circumstances Which Mitigate Responsibility

55.1. When imposing penalty the court shall recognize the following circumstances as mitigating liability :

55.1.1. committing a minor or less serious crime for the first time due to accidental circumstances ;
55.1.2. prevention by the culprit of harmful consequences of the crime ;
55.1.3. voluntary compensation of the damage caused or the correction of the caused
harm ;
55.1.4. committing a crime under a physical or mental coercion or owing to material or another dependence upon the victim ;
55.1.5. committing a crime under the influence of a strong emotional shock caused by illegal actions of the victim ;
55.1.6. committing a crime due to a coincidence of grave personal, family circumstances or those occurred to others ;
55.1.7. committing a crime by a person under the age of 18 ;
55.1.8. committing a crime by a woman with a minor child or a pregnant woman ;
55.1.9. sincere repentance, surrender or active assistance in the detection of the offender or property gained by way of crime ;
55.1.10. rendering medical and other aid immediately upon committing a crime against life or health.

55.2. If the circumstance mitigating liability specified in this article constitutes an element of a crime specified in the Special Part of this Code this shall not be taken into account when imposing penalty.

GENERAL PART

TITLE THREE
CRIMINAL LIABILITY

CHAPTER TEN
IMPOSITION OF AND RELEASE FROM PUNISHMENT

Article 56. Circumstances Which Aggravate Liability

56.1. When imposing penalty the court shall recognize the following circumstances as aggravating liability only :

56.1.1. repeated commission of a crime ;
56.1.2. committing a crime in a group ;
56.1.3. instigating to or involving of persons under legal age into committing a crime or causing committing a crime by inculpable person ;
56.1.4. infliction of grave consequences as a result of the crime ;
56.1.5. committing a crime in a most brutal way or with atrocity with respect to the victim ;
56.1.6. committing a crime in respect of a person under age, an aged person or a person being in a helpless condition as well as in respect of a person being materially or otherwise dependent on the culprit ;
56.1.7. committing a crime by taking advantage of the conditions of a social disaster or mass disorder ;
56.1.8. committing a crime against a person fulfilling an official or public duty, his/her immediate relatives ;
56.1.9. committing a crime in a generally dangerous manner or with use of firearms, explosives, poisonous substances, drugs and preparates or chemical substances ;
56.1.10. committing a crime in condition of drunkenness ;
56.1.11. committing a crime with the purpose of concealing or facilitating another crime ;
56.1.12. committing a crime repeatedly during the period of probation or before being deemed as having no criminal record.

56.2. If the circumstance aggravating liability specified in this article constitutes an element of a crime specified in the Special Part of this Code this shall not be taken into account when imposing the penalty.

GENERAL PART

TITLE THREE
CRIMINAL LIABILITY

CHAPTER TEN
IMPOSITION OF AND RELEASE FROM PUNISHMENT

Article 60. Imposing Penalty for Preparation to or for an Attempted Crime

60.1. When imposing penalty for preparation to a crime or an attempted crime the court shall take into account the degree of realization of the malicious intent, completion of the attempt, nature of social danger of the prepared for or attempted crime and reasons for failure to bring the crime to completion.

60.2. The maximum amount of penalty for preparation to a crime may not exceed 1/2 of the most severe type of penalty for the given completed crime.

60.3. The maximum amount of penalty for preparation to a crime may not exceed 2/3 of the most severe type of penalty for the given completed crime specified in the Special Part of this Code.

60.4. The person who prepared to a crime or attempted a grave crime may not be imposed imprisonment for more than 15 years or the death penalty.

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).