PART ONE
GENERAL PART

CHAPTER ONE
SCOPE OF THE ACT AND FOUNDATIONS OF CRIMINAL LIABILITY

Title Two
Foundations of Criminal Liability

DIVISION ONE
CONCEPT OF CRIMINAL OFFENCE AND TYPES OF CRIMINAL OFFENCES

Causation

Section 18
An aggravating circumstance or other circumstance that attracts a higher penalty shall be taken into account

a) if it has a more serious consequence, including where the offender caused it by negligence, unless this Act provides for intentional causation even in this case, or
b)if other consideration exists, even if the offender was not aware of it although, considering the circumstances and his personal situation, he should and could have known it, unless this Act explicitly requires that the offender be aware of such a circumstance.

PART ONE
GENERAL PART

CHAPTER TWO
SANCTIONS

Title Two
General Sentencing Guidelines

Mitigating and aggravating circumstances

Section 38

(1) The circumstance that constitutes the statutory element of a criminal offence may not be considered as a mitigating circumstance, an aggravating circumstance, the circumstance warranting a lower than minimum statutory penalty, or the circumstance warranting a higher penalty.

(2) When determining the type and degree of penalty, the court shall have to take account of the relative weight and importance of mitigating and aggravating circumstances.

(3) If the weight of mitigating circumstances prevails, maximum statutory penalty shall be reduced by one third.

(4) If the weight of aggravating circumstances prevails, minimum statutory penalty shall be increased by one third.

(5) In case of a repeated felony, the statutory minimum penalty shall be increased by one half ; and the provision of paragraph 4 shall not apply.

(6) In case of repeated commission of a particularly serious felony, the minimum statutory penalty shall be increased by two thirds; and the provisions of paragraphs 4 and 5 shall not apply.

(7) The provisions of paragraphs 4 through 6 shall not apply in case of concurrent sentences or cumulative sentences pursuant to Section 41 paragraph 2 or Section 42 if the parallel application of these provisions were inappropriately harsh on the offender.

(8) Maximum penalty shall be reduced or minimum penalty shall be increased in cases defined in paragraphs 3 through 6 only within the applicable statutory penalty range ; the basis for reducing or increasing the penalty shall be the difference between the maximum and the minimum statutory penalty. Maximum statutory penalty may not be reduced, nor may minimum statutory penalty be increased in case of criminal offences which, according to the Special Part of this Act, carry a custodial penalty of twenty-five years or life imprisonment.

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).