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 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).