GENERAL PART

TITLE THREE
PUNISHMENT

1. Purpose of Punishment, Types of Punishment and Requirements for their Imposition

Purpose of punishment

Article 32
Within the general purpose of criminal sanctions (Art.4, para. 2), the purpose of a punishment shall be to :

1) prevent a perpetrator from commission of criminal offences and influence him not to commit criminal offences in the future ;
2) Influence others not to commit criminal offences ;
3) express social condemnation of the criminal offence and emphasize that everyone has a duty to abide by law ;
4) strengthen morality and promote social responsibility.

GENERAL PART

TITLE THREE
PUNISHMENT

2. Fixing of punishment

General Rules for Fixing Punishment

Article 42
(1) The court shall fix the punishment for the perpetrator of a criminal offence within the statutory limits for that particular offence taking into account the purpose of punishment and giving due consideration to any circumstances which result in lighter or more severe punishment (mitigating and aggravating circumstances) as well as the following, in particular : degree of culpability, motives for the commission of offence, degree of peril or injury to the protected good, circumstances under which the offence was committed, perpetrator's history, his personal situation, his behaviour after the commission of criminal offence , particularly his attitude towards the victim of the criminal offence as well as any other circumstances concerning the perpetrator's personality.

(2) In fixing a fine the court shall give particular consideration to the perpetrator's financial situation.

(3) The circumstance which is an element of the criminal offence may not be additionally taken into consideration as either an aggravating or mitigating circumstance, except where it exceeds the measure required for establishing the criminal offence or a certain form of criminal offence, or where there are two or more such circumstances of which only one is sufficient for the establishment of a more serious or minor form of the criminal offence.

GENERAL PART

TITLE THREE
PUNISHMENT

2. Fixing of punishment

Mitigation of punishment

Article 45
The court may impose on a perpetrator a punishment below the limit laid down by law or a lighter punishment provided that :

1) a lighter punishment is provided for by law ;
2) remission of punishment is provided for by law, but the punishment does not get remitted by court ;
3) it is established that there were particularly mitigating circumstances and it is assessed that a mitigated punishment will be sufficient to achieve the purpose of punishment.

Limits of Mitigation of punishment

Article 46
(1) Where the requirements for mitigation of punishment referred to in Art.45 of this Code are met, the court shall impose a lighter punishment, subject to the following limits :
1) if the criminal offence carries a minimum prison term of five years or longer, the punishment may be mitigated up to two year prison term ;
2) if the criminal offence carries a minimum prison term of three years or longer, the punishment may be mitigated up to one year prison term ;
3) if the criminal offence carries a minimum prison term of two years, the punishment may be mitigated up to six month prison term ;
4) if the criminal offence carries a minimum prison term of one year, the punishment may be mitigated up to three month prison term;
5) if the criminal offence carries a minimum prison term under one year, the punishment may be mitigated up to thirty day prison term ;
6) if the criminal offence carries a prison term for which minimum term is not specified, the punishment may be replaced by a fine ;
7) if the criminal offence carries a fine for which the lowest amount is specified, the punishment may be mitigated to six hundred euro.

(2) When the court is authorized to remit punishment to a perpetrator, the punishment may be mitigated without taking into consideration the limits prescribed for mitigation.

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).