GENERAL PART

Chapter II
Forms of Commission of an Offence

Article 21. § 1. Circumstances pertaining to an individual, excluding or mitigating, or aggravating
his criminal liability shall be taken into account only with regard to the person they pertain to.

§ 2. If an individual circumstance regarding the perpetrator, even if it is conducive only to
aggravation of penalty, constitutes a feature of a prohibited act, the person co-operating shall be held
liable under criminal law, for this prohibited act, when he knew about this circumstance, even though it did not pertain to himself.

GENERAL PART

Chapter IV. Penalties

Article 38. § 1. If law provides for mitigation or an extraordinary enhancement of the statutory
maximum penalty, in the case of the alternative prescription of penalties listed in Article 32 subsection 1 through 3, the mitigation or enhancement shall relate to each of these penalties.

§ 2. The extraordinarily enhanced penalty may not exceed 540 times the daily rates of fine, 18
months of restriction of liberty or 15 years of deprivation of liberty.

§ 3. If law provides for mitigation of the maximum statutory penalty, the penalty imposed for an
offence carrying the penalty of deprivation of liberty for life may not exceed 25 years, and for an offence carrying the penalty of deprivation of liberty for 25 years may not exceed 15 years.

GENERAL PART

Chapter VI. Principles of the imposition of penalty and penal means

Article 57. § 1. In the event of the concurrence of several independent grounds for the
extraordinary mitigation or enhancement of a penalty, the court may mitigate or enhance the penalty only once, considering jointly the concurrent grounds for mitigation or enhancement.

§ 2. In the event of the concurrence of the grounds for extraordinary mitigation and enhancement,
the court may adopt an extraordinary mitigation or enhancement of the penalty.

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).