''Part I, Chapter 6, Prescription of Penalties''
Article 61
General Principle on the Prescription of Penalties
The court prescribes penalties in accordance with the legal provisions on the
punishment of offences.
In prescribing penalties, the court must consider the nature and degree of the
social threat posed by the offence, the personality of the offender, and circumstances
conducive to the reduction or the increase of criminal liability.
Article 62
Severity of Offences
The severity of an offence is determined based on the category of the offence
and the methods used to commit the offence.
Categories of offences refer to minor offences, major offences and crimes as
stipulated in Article 13 of this Penal Code.
Methods used to commit the offence refer to methods used to commit the offence
such as torture, outrageous acts towards the victim or by methods causing public
danger.
Article 63
Degree of Severity
The level of danger posed by an offence depends on the actual loss of life,
health, honor, dignity or property caused by the intentional offence or negligence.
There are three levels of loss to property as follows:
1. Low level or minor loss, amounting to less than twenty million (20,000,000) kip;
2. Medium level or medium loss, ranging from twenty million (20,000,000) kip to
fifty million (50,000,000) kip; and
3. High level or substantial loss, amounting to more than fifty million (50,000,000)
kip.
Article 64
Circumstances Conducive to the Mitigation of Criminal Liabilities
Circumstances conducive to the mitigation of criminal liabilities are:
1. The offender is less than eighteen (18) years old or above sixty (60) years old;
2. A female offender’s state of pregnancy or any woman nursing a baby under
three
(3) years of age;
3. An excessive legitimate defense;
4. An offence committed under strong emotional shock generated by an illegal act of
the victim;
5. An offence committed with excessive necessity;
6. A crime committed under force or threat of force;
7. An offender prevents and repairs damage caused by his/her offence or
voluntarily compensates for the damages in good faith;
8. An offence committed due to the offender's seriously difficult situation or that
of his/her family.
9. The offender expresses remorse and surrenders to officials, and confesses
the details of the offences committed by him/her and others;
10. The offence is the first offence and such offence does not cause serious
public danger;
11. An offender has shown merit towards the nation.
In the prescription of penalties, the court may take into consideration other factors
that are not defined in this article.
''Part I, Chapter 6, Prescription of Penalties, 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.
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.