Part 1
GENERAL PART

Chapter 4
IMPOSITION OF PUNISHMENT

Division 1
Bases for Imposition of Punishments

§ 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.

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).