Spans in 'Cape Verde - Criminal Procedure Code' tagged with 'Sentencing

'Sentencing - national proceedings' in document 'Cape Verde - Criminal Procedure Code'

Jump to:

More information about the keyword 'Sentencing - national proceedings'
More information about the document 'Cape Verde - Criminal Procedure Code'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CODE OF PENAL PROCEDURE OF CAPE VERDE

PART ONE

PRELIMINARY VOLUME

FOUNDATIONS OF PENAL PROCEDURE

TITLE IV - JURISDICTION AND COMPETENCE

CHAPTER I - GENERAL PROVISIONS

Article 34
Determination of the applicable penalty

For purposes of the provisions of the law on the material and functional competence of the courts, in so far as the determination of the applicable penalty is concerned, all circumstances that may give rise to the maximum legal penalty that can be applied in a proceeding shall be taken into account.

RELEVANT ROME STATUTE PROVISIONS

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.