General Part

Chapter V
Determination of Punishment

Section 48. Aggravating Circumstances

(1) The following may be considered to be aggravating circumstances :

1) the criminal offence constitutes the actual aggregation of criminal offences or recidivism of criminal offences ;
2) the criminal offence was committed while in a group of persons ;
3) the criminal offence was committed, taking advantage in bad faith of an official position or the trust of another person ;
4) the criminal offence has caused serious consequences ;
5) the criminal offence was committed against a woman, knowing her to be pregnant ;
6) the criminal offence was committed against a person who has not attained fifteen years of age or against a person taking advantage of his or her helpless condition or of infirmity due to old-age ;
7) the criminal offence was committed against a person taking advantage of his or her official, financial or other dependence on the offender ;
8) the criminal offence was committed with particular cruelty or with humiliation of the victim ;
9) the criminal offence was committed taking advantage of the circumstances of a public disaster ;
10) the criminal offence was committed employing weapons or explosives, or in some other generally dangerous way ;
11) the criminal offence was committed out of a desire to acquire property ;
12) the criminal offence was committed under the influence of alcohol, narcotic, psychotropic, toxic or other intoxicating substances ,;
13) the person committing the criminal offence, for purposes of having his or her punishment reduced, has knowingly provided false information regarding a criminal offence committed by another person ;
14) the criminal offence was committed due to racist motives ;
15) the criminal offence related to violence or threats of violence was committed against a person to whom the perpetrator is related in the first or the second degree of kinship, against the spouse or former spouse, or against a person with whom the perpetrator is or has been in unregistered marital relationship, or against a person with whom the perpetrator has a joint (single) household.

(2) Taking into account the character of the criminal offence, may decide not to consider any of the circumstances mentioned in Paragraph one of this Section as aggravating.

(3) In determining punishment, such circumstances may not be considered as aggravating which are not set out in this Law.

(4) A circumstance which is provided for in this Law as a constituent element of a criminal offence shall not be considered an aggravating circumstance.

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).