Aggravating factors - national proceedings

Portugal

The Portuguese Penal Code General Part (Articles 1-130)

BOOK I-GENERAL PART

TITLE II-THE ACT

CHAPTER I-BASES OF PUNISHABILITY

Article 18
Aggravation of penalty for the result

When the penalty applicable to an act is aggravated according to the production of a result, the
aggravation is always conditioned by the possibility of attributing that result to the agent at least by negligence.

Rome Statute

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.