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.

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).