GENERAL PART
Chapter II
Forms of Commission of an Offence
Article 21. § 1. Circumstances pertaining to an individual, excluding or mitigating, or aggravating
his criminal liability shall be taken into account only with regard to the person they pertain to.
§ 2. If an individual circumstance regarding the perpetrator, even if it is conducive only to
aggravation of penalty, constitutes a feature of a prohibited act, the person co-operating shall be held
liable under criminal law, for this prohibited act, when he knew about this circumstance, even though it did not pertain to himself.
GENERAL PART
Chapter IV. Penalties
Article 38. § 1. If law provides for mitigation or an extraordinary enhancement of the statutory
maximum penalty, in the case of the alternative prescription of penalties listed in Article 32 subsection 1 through 3, the mitigation or enhancement shall relate to each of these penalties.
§ 2. The extraordinarily enhanced penalty may not exceed 540 times the daily rates of fine, 18
months of restriction of liberty or 15 years of deprivation of liberty.
§ 3. If law provides for mitigation of the maximum statutory penalty, the penalty imposed for an
offence carrying the penalty of deprivation of liberty for life may not exceed 25 years, and for an offence carrying the penalty of deprivation of liberty for 25 years may not exceed 15 years.
GENERAL PART
Chapter VI. Principles of the imposition of penalty and penal means
Article 57. § 1. In the event of the concurrence of several independent grounds for the
extraordinary mitigation or enhancement of a penalty, the court may mitigate or enhance the penalty only once, considering jointly the concurrent grounds for mitigation or enhancement.
§ 2. In the event of the concurrence of the grounds for extraordinary mitigation and enhancement,
the court may adopt an extraordinary mitigation or enhancement of the penalty.
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.