Article 54. Consequences, aggravating criminal responsibility and punishment
1. Consequences, aggravating criminal responsibility and punishment shall be recognized as:
1) repeated criminal infractions, repetition of crimes, dangerous repetition of crimes;
2) infliction of grave consequences by criminal infraction;
3) commission of criminal infraction within a group of persons, groups of persons on previous concert, criminal group;
4) particularly active role in commission of criminal infraction;
5) involvement in the commission of a criminal offense of persons who, knowingly for the perpetrator, suffer from a severe mental, behavioral disorder (disease), or persons who have not reached the age from which criminal liability arises;
6) commission of criminal infraction on national, racial or religious hatred or enmity grounds, out of revenge for lawful actions of other persons, as well as in order to conceal another criminal infraction or facilitate its commission;
7) commission of criminal infraction in relation of woman, certainly for guilty person, being in the state of pregnancy, as well as in relation of minor, other defenseless or helpless person or person, being depending on the guilty person;
8) commission of criminal infraction in relation of person or his (her) relatives in connection with execution of the service, professional or social duty by this person;
9) commission of criminal infraction with particular cruelty, sadism, abuse and torment for the injured person;
10) commission of criminal infraction with the use of weapons, ammunition, explosive substances and explosive or simulation devices, specially produced technical equipment, highly flammable and flammable liquids, poisonous and radioactive substance, medicinal and other chemical and pharmacological preparations, as well as with application of physical and mental coercion or dangerous method;
11) commission of criminal infraction in the conditions of emergency situation, emergency situation, as well as in the course of mass disorders;
12) commission of criminal infraction in the in a state of alcoholic, drug or toxic intoxication. A court shall have a right not to recognize this consequence as aggravating depending on the nature of criminal infraction;
13) commission of criminal infraction by person, violated by that an oath, taken by them or professional oath;
14) commission of criminal infraction with the use of confidence, vested to the guilty person by virtue of its official position or contract;
15) commission of criminal infraction with the use of uniform or the documents of representative of authority;
16) commission of criminal infraction by the employee of law enforcement or special state body, judge with the use of his (her) official position.
2. If the consequence, specified in a first part of this Article is provided by the relevant Article of Special part of this Code as the sign of criminal infraction, it cannot be re-considered as the circumstance, aggravating responsibility and punishment.
3. Upon imposition of punishment a court may not recognize the circumstances, not specified in a first part of this Article as aggravating.
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.