CHAPTER 80. INCHOATE OFFENSES
Section 86 – Grading of Criminal Attempt, Solicitation, and Conspiracy

(a) Grading. Offenses under Sections 80 (Criminal Attempt), Section 81

(Criminal Solicitation), and Section 82 (Criminal Conspiracy) are offenses of

one grade lower than the offense that is attempted, solicited, or is the objective

of the conspiracy.

(b) Sentencing Factors.

(1) If an offender came very close to completing the offense

attempted or solicited, or to completing the object of the conspiracy,

then the baseline sentence shall be aggravated one level.

(2) If an offender completed:

(A) all of the conduct necessary to complete an offense, or

(B) when acting in concert with others, all the conduct

which it was intended he should complete,

then the baseline offense level shall be aggravated two levels.

.PART III: SENTENCING GUIDELINES

CHAPTER 1000. APPLICATION OF THE SENTENCING GUIDELINES
Section 1000 – Determination and Announcement of Guideline Sentence

Required

(a) Before imposing sentence, the court shall determine the guideline

sentence as provided in this Part and all other relevant provisions of

this Code, and shall include the guideline sentence in the public

record of the case along with an explanation of how it determined the

guideline sentence.

(b) Sentencing court calculations in determining the guideline sentence

shall regularly be reviewed for accuracy by the Supreme Court in

Maldives.

Section 1001 – Guideline Sentence

Using the Guideline Sentence Table in Section 1002, the court shall

determine the guideline sentence as follows:

(a) Offense Grade Determines Table Column. From Parts I and II of

this Code, the sentencing court shall determine the grade of the offense of

conviction and shall refer to the column (top to bottom) of the “Guideline

Sentence Table” set out in Section 1002 that matches that grade.

(b) Sentencing Factors Determine Table Row. The sentencing court

then shall determine the sentencing factors that are applicable to the case by:

(1) consulting any existing Sentencing Factors subsection of the

offense of conviction in Parts I and II of this Code, and

(2) then consulting any relevant General Adjustment to Sentence

in Chapter 1100, (provided that those general sentencing factors are not

already comprehensively addressed by the more specific Sentencing

Factors subsection consulted in subsection (1) above), and

(3) then determining which of these sentencing factors, if any,

have been established by clear and convincing evidence by the party

seeking to benefit from the factor, and

(4) for all factors so established, adding the aggravation "plus"

values together and subtracting the mitigation "minus" values todetermine the total sentencing factors adjustment for the offence.

(5) The resulting net sentencing factors adjustment determines

the row of the Guideline Sentence Table that is applicable.

(c) Intersection of Column and Row Determines Guideline Cell.

Referring to that column of the Table that matches the offense grade and to the

row of the Table that matches the total sentencing factor adjustment, the

sentence given in this resulting Table cell is the guideline sentence for the

offense.

Section 1002 – Guideline Sentence Table

(a) The court shall determine the guideline sentence according to the

instructions in Section 1003 and this Table.

.PART III: SENTENCING GUIDELINES

CHAPTER 1000. APPLICATION OF THE SENTENCING GUIDELINES
Section 1002 – Guideline Sentence Table

(a) The court shall determine the guideline sentence according to the

instructions in Section 1003 and this Table.

Class 1

Felony

Class 2

Felony

Class 3

Felony

Class 4

Felony

Class 5

Felony

Class 1

Misde

meanor

Class 2

Misde

meanor

Class 3

Misdemea

nor

Statutory

Maximu

m

25

Years

15

Years

8 Years 4 Years 2 Years 1 Year 6

Months

3 Months

+5 22y, 6m 13y, 6m 7y, 2m,

12d

3y, 7m,

6d

1y, 7m,

6d

9m, 18d 5m, 12d 2 m, 21d

+4 20y 12y 6y, 4m,

24d

3y, 2m,

12d

1y, 7m,

6d

9m, 18d 4m, 24d 2m, 12d

+3 17y, 6m 10y, 6m 5y, 7m,

6d

2y, 9m,

18d

1y, 4m,

24d

8m, 12d 4m, 6d 2m, 3d

+2 15y 9y 4y, 9m,

18d

2y, 4m,

24d

1y, 2m,

12d

7m, 6d 3m, 18d 1m, 24d

+1 12y,

6m

7y, 6m 4y 2y 1y 6m 3m 1m, 15d

Baseline

Sentence

10y 6y 3y, 2m,

12d

1y, 7m,

6d

9m,

18d

4m,

24d

2m,

12d

1m, 6d

-1 7y, 6m 4y, 6m 2y, 4m,

24d

1y, 12d 7m, 6d 3m, 18d 1m, 24d 27d

-2 5y 3y 1y, 7m,

6d

9m, 18d 4m, 24d 2m, 12d 1m, 6d 18d

-3 2y, 6m 1y, 6m 9m, 18d 4m, 24d 2m, 12d 1m, 6d 18d 9d

(b) Time Increments. For the purposes of this Code, all time intervals

should be calculated from the first day of punishment relating to the present

offense, counting all periods of continuous punishment since that time.

(1) Years (y). A year is a period of 365 days.

(2) Months (m). A month is a period of 30 days.

(3) Days (d). A day is a period of 24 hours.

CHAPTER 1200. LIMITATIONS ON APPLICATION OF SENTENCING

GUIDELINES
Section 1200 – Limitations on Aggravation or Mitigation

(a) No matter the total number of aggravation levels applicable, a court

is not authorized to impose a sentence that exceeds the statutory maximum

punishment authorized by Section 92 (Authorized Terms of Imprisonment) and

Section 93 (Authorized Fines).

(b) No matter the total number of mitigation levels applicable, the court

may not impose a sentence of no punishment or meaningless punishment.

Section 1201 – Incarceration as Punishment

(a) Incarceration. Incarceration should be the primary, though not

necessarily exclusive, form of punishment in cases where:

(1) secluding the offender from the rest of society is necessary for

the protection of the public,

(2) imposing incarceration is necessary to indicate the seriousness

with which society condemns the offender's offense, or

(3) no other punishment is appropriate to the circumstances of the

offense and offender.

(b) Minimum Incarcerative Sentence for Serious Offenses. If an

offender is convicted of a Class 1 felony, a Class 2 felony, or a felony under

Chapter 110 of this Code, at least one-fourth of the punishment to which the

offender is to be sentenced under the Sentencing Guidelines Table must be an

incarcerative sentence.

CHAPTER 1200. LIMITATIONS ON APPLICATION OF SENTENCING

GUIDELINES

Section 1204 – Death Penalty

(a) Proof Required. In order to impose the penalty of death on any

person, the government must prove the elements of the offense and prove that

the offense committed is worse and represents more culpable behavior than any

other offense imaginable to a practical certainty.

(b) Confessions. The government may not use the confession of the

defendant to convict him of an offense for which it seeks the penalty of death,

unless the defendant freely testifies in open court and under the advice of

counsel, confessing every element of the crime.

(c) Evidentiary Requirements.

(1) Capacity. All witnesses that provide the testimony

establishing the proof required in Subsection (a) must undergo

evaluation to establish their capacity and competence to tell the truth on

the matters at issue.

(2) Uncontradicted Evidence. If the testimony of any witness, or

any portion of the testimony of any witness, including the defendant, is

contradicted by the testimony of another witness, that witness’s

testimony may not be considered as meeting the requirements of proof

in Subsection (a).

(d) Automatic Appeal. In the event that a sentencing court imposes the

penalty of death, the decision shall be appealed to the High Court for complete

review of all findings of fact and law.