Spans in 'Cape Verde - Criminal Procedure Code' tagged with 'Aggravating factors

'Aggravating factors - national proceedings' in document 'Cape Verde - Criminal Procedure Code'

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More information about the keyword 'Aggravating factors - 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 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).