''Part I, Chapter 6, Prescription of Penalties''
Article 66
Prescription of Penalties for Offences Pertaining to Several Articles
The prescription of penalties for an offence pertaining to several articles shall be
made on the basis of the legal provision providing for the heaviest punishment.
The prescription of a total penalty for several offences pertaining to several
articles shall be made by accumulating the penalties for each separate offence, but the
final result shall not exceed ten (10) years for major offences and twenty (20) years for
crimes. Where there are several offences in violation of several articles pertaining to
major offences or crimes, the crime shall be considered as the main penalty.
For crimes for which the law prescribes life imprisonment or the death penalty,
the penalty imposed will be the penalty defined in relevant article or paragraph.
Where there is prescription of a total penalty for accumulative offences in
violation of several articles, legal provision shall be made providing for equal punishment
by accumulating the penalties for each separate offence, but the final result must not
exceed the highest penalty that could have been imposed for the most serious offence
among such offences.
The court may add additional penalties to the principal penalties in the event that
such additional penalties are prescribed for in the Penal Law.
In the event that a court decision has been rendered and become final or the
offender has served the sentence in part or in whole, but it transpires that additional
offences had previously been committed by the offender, the prescription of penalties
must be made according to the above-mentioned procedures.
Fines must be prescribed based on each offence separately, and cannot be
subject to the above-mentioned procedures for accumulating and consolidating
penalties.
Article 67 Prescription of Penalties for Repetitive and Double Offences
Prescription of penalties for repetitive and double offences shall be made as in
accordance with the procedure as defined in Article 66 of this Penal Code.
Article 68 Prescription of Penalties for Recidivism
Prescription of penalties for recidivism in major offences or in accumulative
offences shall be made by adding the penalty that the court would impose to the
offender in the ordinary case to the half of such penalty.
Recidivism in crimes is conducive to an increase of penal responsibilities as
stated in Article 65 of this Penal Code.
In the event that the offender commits a new offence after a court decision has
been rendered and become final, or while the offender is serving his/her sentence, the
court shall add the remaining part of the penalty which is still due to be executed to the
newly imposed penalty.
Article 69 Prescription of Penalties for the Preparation of Offences
Prescription of penalties for the preparation of offences shall take into
consideration the nature and degree of social threat of the offences, the extent to which
the offender acted on his/her ill intentions, and the causes of such unsuccessful
offences.
In prescribing penalties for the preparation of offences, the court may impose
sentences with lighter penalties than those prescribed by the Law.
Article 70 Prescription of Penalties for the Attempts to Commit Offences
Prescription of penalties for the attempts to commit offences shall take into
consideration their nature and degree of social threat, the extent to which the offender
acted on his/her ill intentions and other causes of such unsuccessful offences.
In prescribing penalties for the attempt to commit offences, the court may impose
sentences with lighter penalties than those prescribed by the Law.
Article 71 Prescription of Penalties on Authors
The court shall impose penalties on the participant in accordance with the
penalties prescribed under the Law for the author of such offence.
The penalty to be imposed on the authors may be higher than the penalty that
will be imposed on other participants based upon the nature and degree of the social
threat posed by the offence, the personality of the author and circumstances conducive
to the reduction or the increase of criminal liabilities.
Article 72
Prescription of Penalties for Implementers
The court may impose the same penalty on the implementer as imposed on the
author based upon the nature and degree of the social threat posed by the offence, the
personality of the implementer, and circumstances conducive to the reduction or the
increase of criminal liabilities.
Article 73
Prescription of Penalties for Inciters
The court may impose the same penalties on the inciters of an offence as those
imposed on other participants or lighter than what is prescribed by the Law based on the
level and nature of incitement.
For incitement to commit an offence that the Law prescribes life imprisonment or
the death penalty for, the court may reduce the sentence to deprivation of liberty from
fifteen (15) years to twenty (20) years.
Article 74
Prescription of Penalties for Accomplices
The penalty inflicted on accomplices is the same penalty as inflicted on other
participants or lighter than what is prescribed by the Law based on level and nature of
incitement.
In prescribing penalties on accomplices to an offence where the Law prescribes
the death penalty or life imprisonment, the court may reduce the sentence to deprivation
of liberty from fifteen (15) years to twenty (20) years.
Article 75
Prescription of Penalties for Offences having Circumstances Conducive to
the Reduction of Criminal Liabilities
The prescription of a penalty for an offence having circumstances conducive to
the reduction of criminal liabilities shall be made based upon the nature and degree of
the social threat posed by the offence, degree of its completion, the intention, profile,
history, and personality of the offender.
In prescribing a penalty for an offence having circumstances conducive to the
reduction of criminal liabilities, the court may impose sentences with lighter penalties
than what is prescribed by the Law.
Article 76
Prescription of Penalties for Offences having Circumstances Conducive to
the Increase of Criminal Liabilities
The prescription of a penalty for an offence having circumstances conducive to
the increase of criminal liabilities shall be made based upon the nature and degree of the
social threat posed by the offence, degree of its completion, the intention, profile, history
and the personality of the offender. In prescribing a penalty for an offence having circumstances conducive to the increase of criminal liabilities, the court shall impose sentences with penalties not
exceeding the limits of the relevant articles.
Article 77
Prescription of Penalties for Offences having Circumstances Conducive to
the Reduction and the Increase of Criminal Liabilities
The prescription of a penalty for an offence having circumstances conducive to
the reduction and the increase of criminal liabilities shall be made based upon the nature
and degree of the social threat posed by the offence, degree of its completion and the
intention, profile, history and personality of the offender.
Article 78
Prescription of a Lighter Penalty than what is prescribed by the Law
The prescription of a lighter penalty than what is prescribed by the Law is the
prescription of a penalty lower than the limits of what the legal provisions prescribe on
the punishment of offences, except for paragraph 2 of Article 73, paragraph 2 of Article
74 and paragraph 5 of Article 86 of this Penal Code.
In prescribing a lighter penalty than what is prescribed by the Law, the court shall
consider the nature and degree of the social threat posed by the offence, the personality
of the offender and circumstances conducive to the reduction of criminal liabilities.
The prescription of a lighter penalty than what is prescribed by the Law shall not
be less than half of the minimum penalty provided by the Law.
However, in special cases, if it is proven that the offender has acted for the
protection of society or other people, the court can pronounce penalties inferior to half of
the minimum penalty as provided for in the relevant articles of this Penal Law.
In the case of one offence or offences violating many articles or paragraphs in
the same article, the prescription of lighter penalties than what is prescribed by Law shall
not be less than half of the minimum penalty prescribed in the relevant article or
paragraph that provides the heaviest penalty.
Article 79
Suspension of Execution of Penalty
The suspension of execution of the deprivation of liberty with terms, re-education
without deprivation of liberty or fines as the principal penalty, is the suspension of the
execution of such penalties for a period of five (5) years. If during this period, the
offender is not convicted of any other intentional offence, the penalty shall be lifted. But
in the event that a second intentional offence is committed, if the offender is sentenced
to deprivation of liberty with terms, re-education without deprivation of liberty or a fine as
the principal penalty and such a sentence is final, then the offender must execute the
new penalty in addition to the one which has been suspended.
The suspension of the execution of a penalty can be in whole or in part.
For recidivists, those offenders sentenced to three (3) years of deprivation of
liberty or more or those sentenced for crimes cannot benefit from the suspension of
execution of penalties. However, in exceptional cases, if it is proven that the offender
has acted for the protection of society or other people, then the court can grant the
suspension of the execution of penalty even for a crime.
Article 80
Inclusion of Preventive Custody in the Execution of the Penalty
The total duration of preventive custody must be included in the duration of
execution of sentences of deprivation of liberty or of re-education without deprivation of
liberty.
One (1) day of preventive custody is equal to one (1) day of deprivation of liberty
or three (3) days of re-education without deprivation of liberty.
Article 81
Sending Offenders to Administrative Authorities or Relevant Organizations
for Re-education
If it is determined that the offence constitutes a minor offence and that the
offender's personality does not present any threat towards society, then the court may
send the offender to the local administrative authorities, other State organizations, mass
organizations, civil society organizations or religious institutions for re-education.
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.