CHAPTER FOUR
Punishment, Pardon, Remission, Rewards and Miscellaneous Matters

PART I
General Provisions

SUB-PART A – PUNISHMENT IN GENERAL

Increased Punishments for Repetition of Crime

Liability to increased punishment on subsequent conviction
1093.— (1) Where a person, having a previous conviction for a crime, is again convicted of a crime, he or she shall be liable to increased punishment in the manner provided in Part I of the Table in the Sixth Schedule to this Code.

(2) Unless otherwise provided in this Code or any other enactment —
(a) a previous conviction shall not be admitted in evidence against a person except within the period specified in Part II of the Table after the expiration or execution of the sentence passed on that person upon the previous conviction, or of any sentence to which that sentence has been commuted;
(b) nothing in this section, or in the Table, shall exempt a person from any liability to which he or she may be subject under this Code to death or to any greater or other punishment than the punishment prescribed in the Table, and any other different punishment to which he or she is liable under this Code may be inflicted in addition to the punishments prescribed in the Table;
(c) nothing in this section, or in the Table, shall apply to libel, or to any act which is a crime on the ground of negligence, or to any offence punishable on first conviction by fine only.

(3) A conviction of a person for a crime committed by him or her before attaining the age of eighteen years shall not be admitted in evidence against him or her after he or she has attained the age of twenty-one years.

CHAPTER FOUR
Punishment, Pardon, Remission, Rewards and Miscellaneous Matters

PART I
General Provisions

SUB-PART A – PUNISHMENT IN GENERAL

Punishment in cases not Specified

Effect of previous convictions etc.
1101.— (1) An offence shall not be regarded as more serious for the purposes of any provision of this Code by reason of any previous convictions of the offender or any failure on the part of the offender to respond to previous sentences.

(2) Where any aggravating factors of an offence are disclosed by the circumstances of other offences committed by the offender, nothing in this Code prevents the Court from taking those factors into account for the purpose of forming an opinion as to the seriousness of the offence.

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).