Section III

PROCEEDINGS IN TRIAL COURT

Chapter 28

DECREEING A JUDGMENT

Article 324. Matters to be disposed by court when decreeing a judgment

When decreeing a judgment, the court should decide the following matters:
1) whether the act of which an individual is accused has really taken place;
2) whether the act concerned contains elements of crime and under which provision of criminal statute it is punishable;
3) whether the defendant is guilty of this crime;
4) whether defendant should be punished for the crime committed;
5) whether circumstances which aggravate or mitigate the punishment of the defendant do exist and which exactly;
(Subparagraph 6 of Article 324 is omitted by Law No 2670-III (2670-14) of 12.07.2001).
6) what kind of sanction has been impose on the defendant and whether he/she should serve it;
(Subparagraph 8 of Article 324 is omitted by Law No 2670-III (2670-14) of 12.07.2001).
7) whether the civil claim brought should be satisfied, in whose favor and in what amount and whether the harm caused to the victim and funds spent by a health institution for his/ her in-patient treatment should be compensated if the civil claim was not brought;
8) what should be done with asset inventoried to secure the civil claim and likely forfeiture of asset;
9) what should be done with exhibits, in particular money, valuables and other goods obtained as proceeds from crime;
10) who should be charged procedural expenses and in what amount;
11) what kind of measure of restraint should be imposed on the defendant;
12) whether compulsory treatment should be ordered in respect of the defendant in instances specified in Article 96 of the Criminal Code of Ukraine;
13) whether it is necessary enforce protective measures in respect of the defendant. Whenever the defendant is accused of committing several crimes, the court decides matters referred to in subparagraphs 1 to 6 of the present Article, separately regarding each crime. If several individuals are accused of committing a crime, the court decides matters referred to in the present Article, separately in respect of each of the defendant.
Compulsory medical treatment referred to in paragraph 12 of the present Article may be enforced only based on the appropriate opinion of medical institution.

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 77
Applicable penalties
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.