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.

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).