Spans in 'Spain: Provisions of Criminal Code implementing RS' tagged with 'Mitigating factors

'Mitigating factors - national proceedings' in document 'Spain: Provisions of Criminal Code implementing RS'

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More information about the keyword 'Mitigating factors - national proceedings'
More information about the document 'Spain: Provisions of Criminal Code implementing RS'
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 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.

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).