Part Three. Court Proceedings

Section IX. Proceedings in a Court of the First Instance

Chapter 39. Passing the Sentence

Article 299. Questions Resolved by the Court in Passing the Sentence

1. When passing the sentence, the court shall resolve the following questions in the retiring room:
• 1) whether it is proved that the action, the perpetration of which is incriminated to
the defendant, has actually taken place;
2) whether it is proved that the action was committed by the defendant;
3) whether this action is a crime and in what Item, part and Article of the Criminal Code of the Russian Federation it is envisaged;
4) whether the defendant is guilty of committing this crime;
5) whether the defendant is subject to a punishment for the crime he has committed;
6) whether there exist the circumstances, mitigating or aggravating the punishment;
7) what punishment shall be meted out to the defendant;
8) whether there exist the grounds for an adjudgement of a sentence without prescribing a punishment or for a relief from the punishment;
9) what kind of a correctional institution and what regime shall be prescribed for the defendant when inflicting upon him the punishment in the form of the deprivation of freedom;
10) whether the civil claim is subject to satisfaction, in whose favour and in what size;
11) what shall be done with the property, put under arrest, to provide for the civil claim or for the probable confiscation;
12) what shall be done with the demonstrative proof;
13) upon whom and in what amount shall be imposed the procedural outlays;
14) whether the court shall deprive the defendant in the cases, stipulated by Article 48 of the Criminal Code of the Russian Federation, of the special, military or honorary title, of the class rank and of the state awards;
15) whether coercive measures of an educational natural shall be applied in the cases, envisaged in Articles 90 and 91 of the Criminal Code of the Russian Federation;
16) whether coercive measures of the medical character may be applied in the cases, envisaged in Article 99 of the Criminal Code of the Russian Federation;
17) whether the measure of restriction, applied towards the defendant, shall be cancelled or changed.

2. If the defendant is accused of the perpetration of several crimes, the court shall resolve the questions, pointed out in Items 1-7 of the first part of this Article, with respect to every crime separately.

3. If several defendants are charged with committing the crime, the court shall resolve the questions, pointed out in Items 1-7 of the first part of this Article, with respect to every defendant separately, while determining his role and the extent of his participation in the perpetrated act .

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).