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.

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).