PART TWO - FUNDAMENTAL RIGHTS AND DUTIES
CHAPTER TWO - RIGHTS AND DUTIES OF THE INDIVIDUAL
XIII. Provisions Relating to the Protection of Rights
C. Principles Relating to Offences and Penalties
ARTICLE 38. (As amended on May 22, 2004)
Neither death penalty nor general confiscation shall be imposed as punishment.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.