Article 53. Consequences, mitigating criminal responsibility and punishment
1. Consequences, mitigating criminal responsibility and punishment shall be recognized as:
1) commission of first criminal offence or first crime of little or average gravity due to coincidence;
2) minority of guilty person;
3) pregnancy;
4) existence of young children of guilty person;
5) rendering of medical or other assistance to the injured person, immediately after commission of criminal infraction independent from consequences of rendering of such assistance;
6) voluntary compensation of property damage, caused as a result of criminal infraction, expiation of moral or other harm, caused by criminal infraction;
7) commission of criminal infraction due to the severe personal, family or other set of circumstances or on compassion grounds;
8) commission of criminal infraction as a result of physical or mental compulsion or by virtue of material, service or other dependence;
9) commission of a criminal infraction upon violation of conditions of legality of necessary defense, extreme necessity, detention of the person, who committed the infraction, reasonable risk, execution of the order or instruction, in implementation of operational investigative, counterintelligence measures or secret investigative actions;
10) illegality or immorality of behavior of injured person, being a reason for the criminal infraction;
11) sincere repentance, acknowledgement of guilt, active contribution to the detection of criminal infraction, exposure of other accomplices of criminal infraction and search for property, obtained as a result of criminal infraction.
2. Consequences, not providing by first part of this Article may be considered as mitigating upon imposition of punishment.
3. If mitigating circumstance is provided by the relevant Article of Special part of this Code as a sign of criminal infraction, it may not be re-considered in itself upon imposition of punishment.
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.