Part 1
GENERAL PART

Chapter 4
IMPOSITION OF PUNISHMENT

Division 1
Bases for Imposition of Punishments

§ 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.

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).