TITLE XXIV
Offences against the International Community

CHAPTER II
Offences of genocide

Article 607
1. Those who carry out any of the following acts with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group shall be sentenced as follows:
1st. To fifteen to twenty years’ imprisonment, if they kill any of the members of the group.
If two or more aggravating circumstances exist the sentence shall be increased by one degree (‘la pena superior en grado’).

TITLE XXIV
Offences against the International Community

CHAPTER II BIS
Crimes against humanity

Article 607 bis
2. Those convicted of crimes against humanity shall be sentenced:
1st. To fifteen to twenty years’ imprisonment for the death of any person.
The sentence shall be increased by one degree if any of the circumstances referred to in Article 139 exist.

TITLE XXIV
Offences against the International Community

CHAPTER II BIS
Crimes against humanity

Article 607 bis
2. Those convicted of crimes against humanity shall be sentenced:
7th. To eight to twelve years’ imprisonment for detaining another, depriving him of his physical liberty, in violation of the rules of international law. The sentence shall be reduced by one degree (‘la pena inferior en grado’) when the detainment lasts for less than fifteen days.

TITLE XXIV
Offences against the International Community

CHAPTER II BIS
Crimes against humanity

Article 607 bis
2. Those convicted of crimes against humanity shall be sentenced:
9th. To four to eight years’ imprisonment for any offence relating to prostitution contained in Article 187.1, or six to eight years’ imprisonment as regards those cases provided for in Article 188.1.
A sentence of six to eight years’ imprisonment shall be imposed on those who transfer people from one place to another, for the purpose of their sexual exploitation, using violence, intimidation or deceit, or by abusing a situation of superiority, or the need or vulnerability of the victim.
When the offences referred to in the previous paragraph and Article 188.1 are committed against minors or the disabled, the sentence shall be increased by one degree.

TITLE XXIV
Offences against the International Community

CHAPTER III
Offences against Protected Persons and Property in the Event of Armed Conflict

Article 613
2. In the event that the offences concern cultural property under special protection or in particularly serious cases, the sentence may be increased by one degree.

TITLE XXIV
Offences against the International Community

CHAPTER IV
General Provisions

Article 615
Procuring, conspiring in and soliciting the commission of the offences contained in this Title shall be punishable with a sentence of one or two degrees lower than that imposed for the full commission of the offence.

TITLE XXIV

Offences against the International Community

CHAPTER II BIS

Crimes against humanity

Article 607 bis

2. Those convicted of crimes against humanity shall be sentenced:

9th. To four to eight years’ imprisonment for any offence relating to prostitution contained in Article 187.1, or six to eight years’ imprisonment as regards those cases provided for in Article 188.1.

A sentence of six to eight years’ imprisonment shall be imposed on those who transfer people from one place to another, for the purpose of their sexual exploitation, using violence, intimidation or deceit, or by abusing a situation of superiority, or the need or vulnerability of the victim.

When the offences referred to in the previous paragraph and Article 188.1 are committed against minors or the disabled, the sentence shall be increased by one degree.

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).