General provision
SECTION III
ABOUT PUNISHMENT
CHAPTER 10
ASSIGNMENT OF PUNISHMENT
Article 61. Circumstances aggravating punishment
61.1. Circumstances aggravating punishment are the following :
61.1.1. repeated commitment of crimes, relapse of crimes ;
61.1.2. approach of heavy consequences as a result of commitment of a crime ;
61.1.3. commitment of a crime on preliminary arrangement by group of the persons, by organized group or criminal community (criminal organization) ;
61.1.4. especially active participation in commitment of a crime ;
61.1.5. Attraction to commitment of a crime of the persons, suffering from heavy mental frustration or taking place in a condition of intoxication, and also the persons, who have not reached age, which gives an opportunity on attraction of them to a criminal liability ;
61.1.6. Commitment of a crime on grounds of national, racial, religious hatred or fanaticism, revenge from lawful actions of other persons, with mercenary purpose or other low prompting, and also with a purpose to hide other crime or to mitigate its commitment ;
61.1.7. commitment of a crime concerning a woman, obviously know as pregnant to a guilty, and also concerning a juvenile, elderly or helpless person or person, which is in dependence from guilty ;
61.1.8. commitment of a crime concerning a person or his close relatives in connection with implementation by the person of service activity or performance of the public debt ;
61.1.9. commitment of a crime with a special cruelty, tortures or tortures of a victim ;
61.1.10. commitment of a crime with use of fire-arms, explosive means, and also others publicly dangerous ways and means ;
61.1.11. commitment of a crime in conditions of state emergency, spontaneous or other public disaster, and also at mass disorders ;
61.1.12. commitment of a crime with use of uniform or documents of the representative of authority ; 61.1.13. commitment of a crime with use of the trust rendered to guilty by virtue of his service position or contract.
61.2. At assignment of punishment can not be taken into account as aggravating circumstances, circumstances, which have been not provided by articles 61.1.1-61.1.13 of the present Code.
61.3. The aggravating circumstance provided by appropriate article of the Especial part of the present Code as an attribute of a crime, can not be taken into account repeatedly at assignment of punishment.
''Section III. About punishment Chapter 10. Assignment of punishment Article 61. Circumstances aggravating punishment''
61.1. Circumstances aggravating punishment are the following:
61.1.1. repeated commitment of crimes, relapse of crimes;
61.1.2. approach of heavy consequences as a result of commitment of a crime;
61.1.3. commitment of a crime on preliminary arrangement by group of the persons, by organized group or criminal community (criminal organization);
61.1.4. especially active participation in commitment of a crime;
61.1.5. Attraction to commitment of a crime of the persons, suffering from heavy mental frustration or being intoxicated place in a condition of intoxication, and also the persons, who have not reached age, which gives an opportunity on attraction of them to a criminal liability;
61.1.6. Commitment of a crime on grounds of national, racial, religious hatred or fanaticism, revenge from lawful actions of other persons, with mercenary purpose or other low prompting, and also with a purpose to hide other crime or to mitigate its commitment;
61.1.7. commitment of a crime concerning a woman, obviously known as pregnant to a guilty, and also concerning a juvenile, elderly or helpless person or person, which is in dependence from guilty;
61.1.8. commitment of a crime concerning a person or his close relatives in connection with implementation by the person of service activity or performance of the public debt;
61.1.9. commitment of a crime with a special cruelty, including tortures or tortures of a victim;
61.1.10. commitment of a crime with use of fire-arms, explosive means, and also others publicly dangerous ways and means;
61.1.11. commitment of a crime in conditions of state emergency, spontaneous or other public disaster, and also at mass disorders;
61.1.12. commitment of a crime with use of specific uniform or documents of the representative of authority;
61.1.13. commitment of a crime with use of the trust rendered to guilty by virtue of his service position or contract.
61.2. At assignment of punishment can not be taken into account as aggravating circumstances, circumstances, which have been not provided by articles 61.1.1-61.1.13 of the present Code.
61.3. The aggravating circumstance provided by appropriate article of the Special part of the present Code as an attribute of a crime, can not be taken into account repeatedly at assignment of punishment. (, ).
''Section VIII. Crime against individual Chapter 18. Crime against life and health Article 120. Deliberate murder''
120.1. Deliberate murder, is deliberate deprivation of life of other person—
shall be punishable by imprisonment for the term from nine up to fourteen years.
120.2. Deliberate murder:
120.2.1. committed by group of persons, on preliminary arrangement by group of
persons, by organized group or criminal community (organization);
120.2.2. committed from hooligan prompting;
120.2.3. of victims or his close relatives in connection with implementation of a
given person of service activity or performance of public debt;
120.2.4. committed with special cruelty or in publicly dangers way;
120.2.5. committed on mercenary prompting or by order, as well as with a view
of use a body of a victim;
120.2.6. with the purpose to hide other crime or to facilitate its commitment, as
well as connected with rape or other violent actions of sexual nature;
120.2.7. of two or more persons;
120.2.8. of pregnant women, which was obviously for guilty;
120.2.9. persons, obviously for guilty in a helpless condition, as well as connected
to kidnapping a person or capture of hostage;
120.2.10. committed repeatedly;
120.2.11. connected to robbery, extortion, terrorism or gangsters;
120.2.12. on motive of national, racial, religious hatred or enmity—
shall be punishable by imprisonment for the term from fourteen up to twenty years
or life imprisonment.
Note: Repeated crime, is commitment of crime again provided by article 120 of the
present Code, the person who earlier has made one or several crimes, provided by articles
of the present Code establishing responsibility for deliberate murder.
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.