''Part I, Chapter 6, Prescription of Penalties''
Article 65
Circumstances Conducive to the Increase of Criminal Liabilities
Circumstances conducive to the increase of penal responsibilities are
1. Recidivism;
2. Offences committed by organized groups;
3. Offences committed out of greed;
4. Offence towards the State’s property;
5. Offences of civil servants and government’s officials;
6. Offences towards minors, elderly people, vulnerable persons or persons
materially or in other ways dependent on or under the authority of the
offender;
7. Initiation of minors into committing or participating in offences;
8. Barbarous or outrageous acts of infraction towards the victim;
9. Offences with serious consequences;
10. Offences committed during emergency situations;
11. Offences committed through dangerous methods for the public;
12. Offences committed in a state of drunkenness or drug abuse. Based on
the nature of the committed offences, the court has the absolute right to decide whether
or not to increase the penal responsibilities;
13. Intentional imposition of guilt on honest persons;
14. Offenders are found guilty of concealing other offences or using violence to
escape.
''Part I, Chapter 6, Prescription of Penalties, 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.
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.