Part 1
GENERAL PART

Chapter 4
IMPOSITION OF PUNISHMENT

Division 1
Bases for Imposition of Punishments

§ 56. Basis for punishment

(1) Punishment shall be based on the guilt of the person. In imposition of a punishment, a court or an extra-judicial body shall take into consideration the mitigating and aggravating circumstances, the possibility to influence the offender not to commit offences in the future, and the interests of the protection of public order.
[ - entry into force 01.01.2004]

(2) Imprisonment may be imposed only on the condition that the aims of the punishment cannot be achieved by a less onerous punishment. If a section of the Special Part of this Code prescribes, in addition to imprisonment, less onerous punishments, the court in its judgment shall provide the reasons for the imposition of imprisonment.

§ 57. Mitigating circumstances

(1) Mitigating circumstances are :

1) prevention of harmful consequences of the offence, and provision of assistance to the victim immediately after the commission of the offence ;
2) voluntary compensation for damage ;
3) appearance for voluntary confession, sincere remorse, or active assistance in detection of the offence ;
4) commission of the offence due to a difficult personal situation ;
5) commission of the offence under threat or duress, or due to service, financial or family-related dependent relationship;
6) commission of the offence in a highly provoked state caused by unlawful behaviour ;
7) commission of the offence by a pregnant woman or a person in an advanced age ;
8) commission of the offence in excess of the limits of self-defence.
9) conciliation with the victim.
[ - entry into force 18.02.2007]

(2) Circumstances not specified in subsection (1) of this section may be taken into consideration in imposition of a punishment.

§ 58. Aggravating circumstances

Aggravating circumstances are :

1) self interest or other base motives ;
2) commission of the offence with peculiar cruelty, or degradation of the victim ;
3) commission of the offence knowingly against a person who is less than 18 years of age, pregnant, in an advanced age, in need of assistance or has a severe mental disorder ;
4) commission of the offence against a person who is in a service, financial or family-related dependent relationship with the offender ;
5) commission of the offence during a state of emergency or state of war ;
6) commission of the offence by taking advantage of a public accident or natural disaster ;
7) commission of the offence in a manner which is dangerous to the public ;
8) causing of serious consequences ;
9) commission of the offence in order to facilitate or conceal another offence ;
10) commission of the offence by a group ;
11) taking advantage of an official uniform or badge in order to facilitate commission of the offence.

§ 59. Prohibition to repeatedly consider mitigating or aggravating circumstances

The mitigating or aggravating circumstances provided for in §§ 57 and 58 of this Code shall not be considered in imposition of a punishment if they are described by law as the necessary elements of an offence.

§ 60. Mitigation of punishment in cases provided by law

(1) In the cases specified in the General Part of this Code, a court may mitigate the punishment of a person pursuant to the procedure provided for in subsections (2)–(4) of this section.

(2) The maximum rate of a mitigated punishment shall not exceed two-thirds of the maximum rate of the punishment provided by law.

(3) The minimum rate of a mitigated punishment shall be the minimum rate of the corresponding type of punishment provided for in the General Part of this Code.

(4) If the Special Part of this Code prescribes life imprisonment as a punishment for a criminal offence, an imprisonment for a term of not less than three years shall be imposed in mitigation of the punishment.

§ 61. Imposition of less onerous punishment than minimum term or rate

(1) Taking into consideration special circumstances, a court or an extra-judicial body may impose a less onerous punishment than the minimum term or rate provided by law.

(2) If the minimum term of imprisonment provided for in the Special Part of this Code is at least five years, imprisonment shall not be imposed for a term of less than one year.

§ 62. Imposition of principal and supplementary punishments

One principal punishment and one or several supplementary punishments may be imposed for one offence.

§ 63. Imposition of principal punishment for several offences

(1) If a person commits an act which comprises the necessary elements of several offences, one punishment shall be imposed on the person on the basis of the provision of law which prescribes the most onerous punishment.

(2) If a person commits several acts which have the necessary elements of several criminal offences and he or she has not been previously punished for any of such offences, a punishment shall be imposed separately for each offence and aggregate punishment shall be imposed pursuant to § 64 of this Code.

(3) If a person commits several acts which have the necessary elements of several misdemeanours, a punishment shall be imposed separately for each misdemeanour.
[ - entry into force 01.09.2002]

§ 64. Imposition of aggregate punishment

(1) In the case of principal punishments of the same type, the aggregate punishment shall be imposed by increasing the most onerous of the individual punishments imposed or by considering a lesser punishment to be imposed by imposition of the most onerous one.

(2) If one of the principal punishments imposed is a pecuniary punishment, it shall be executed independently, except in the case provided for in subsection (4) of this section.

(3) An aggregate punishment shall not exceed the sum of the individual punishments imposed nor the maximum rate of the most onerous punishment provided for in the corresponding section of the Special Part of this Code.

If life imprisonment one is of the punishments imposed, life imprisonment shall be imposed as the aggregate punishment.

(5) Supplementary punishments of different types shall be executed independently.
[ - entry into force 01.09.2002]

§ 65. Subsequent imposition of aggregate punishment

(1) If, after the pronouncement of a conviction, it is ascertained that the convicted offender has committed another criminal offence prior to the pronouncement of the conviction, aggregate punishment shall be imposed pursuant to the procedure provided for in § 64 of this Code. Punishment served in part or in full pursuant to the previous conviction shall be deducted from the aggregate punishment.

(2) If a convicted offender commits another criminal offence after the pronouncement of the conviction but before the sentence is served in full, the unserved part of the sentence imposed by the previous judgment shall be added to the punishment imposed for the new offence in accordance with the provisions of 64 (2), (4) and (5) of this Code. In such case, the aggregate punishment shall not exceed the maximum term of the given type of punishment.
[ - entry into force 01.09.2002]

§ 66. Serving of sentence in parts

(1) If a court imposes a pecuniary punishment, detention, or imprisonment for a term of up to six months, the court, taking into consideration the situation of the family and the professional activities of the convicted offender and his or her state of health, may order the pecuniary punishment to be paid in instalments or the punishment to be borne in parts. The court shall determine the duration of the imprisonment or detention to be borne consecutively, or the amounts of the instalments of the pecuniary punishment. The duration of an imprisonment or detention to be borne consecutively shall be at least two days.

(2) A court or an extra-judicial body may, with good reason, order a fine payable in instalments.

(3) The term for the execution of a fine payable in instalments or an imprisonment or detention to be borne in parts shall not exceed one year.

§ 67. Calculation of terms of punishment

(1) A term of imprisonment shall be calculated in years, months and days.

(2) A term of detention shall be calculated in days. One day of detention corresponds to twenty-four hours.

(3) The term of a supplementary punishment shall be calculated in years and months.
[ - entry into force 24.07.2009]

§ 68. Consideration of provisional custody and detention

(1) Provisional custody, including the time spent in provisional arrest and arrest for surrender, shall be included in the term of a punishment. One day of provisional custody corresponds to one day of imprisonment or three daily rates of a pecuniary punishment.
[ - entry into force 01.07.2004]

(2) If a person is held in custody in the course of misdemeanour proceedings, it shall be included in the term of a punishment. Twenty-four hours of custody correspond to one day of detention or to ten fine units.

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 77
Applicable penalties
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.