PART TWO CRIMINAL PROCEEDINGS
CHAPTER XIX MAIN TRIAL
SUB – CHAPTER XIII CLOSING STATEMENTS
Article 356
Sentencing Hearing following Guilty Plea or Judgment of Guilty
1. A sentencing hearing may be held if:
1.1. an accused pleads guilty;
1.2. an accused has been found guilty of a criminal offence after the main trial.
2. The request for a sentencing hearing is made in writing or in the record after the accused
pleads guilty or before the anticipated conclusion of the main trial. The state prosecutor, the
accused or his defense counsel may request that a hearing be held to present matters relevant
to sentencing. The request for such a hearing by the accused or his defense counsel shall not
be regarded as any admission of guilt.
3. The single trial judge or trial panel may also order a sentencing hearing ex officio to obtain
additional information relevant to the sentence if such a hearing is not requested by the parties.
4. The single trial judge or trial panel grants the request and advises the parties that the closing
statements shall address only the guilt or innocence of the accused.
5. The sentencing hearing is scheduled within seven (7) days of the announcement of a guilty
judgment pursuant to Article 364 of this Code. The single trial judge or trial panel immediately
gives notice of the date and time of the sentencing hearing to the state prosecutor, accused,
defense counsel, injured party or victim and victim advocate or victim’s representative.
6. Following the announcement of a guilty judgment, the single trial judge or trial panel may
order, ex officio or upon the request of the parties, from the probation service to compile a pre-
sentencing report. The order specifies the date for the submission of the report. In instances
when a pre-sentencing report is ordered, the deadline from paragraph 5 of this Article for
scheduling a sentencing hearing commences from the specified date for the submission of the
report by the probation service.
7. At the sentencing hearing the state prosecutor, accused, defense counsel, injured party or
victim and victim advocate or victim’s representative may present to the court:
7.1. matters in aggravation of the sentence, including data from the criminal record of the
accused;
7.2. matters in mitigation of the sentence, including those relevant for the mitigation of the
sentence under the minimum punishment provided by the law;
7.3. a statement or argument regarding an appropriate sentence, either orally or in
writing; and
7.4. any other matters that the single trial judge or trial panel finds relevant in determining
an appropriate sentence.
8. The applicable provisions for the sequence of presentation of evidence at main trial apply
mutatis mutandis during the sentencing hearing.
9. The accused has the right to speak in the hearing in favor of mitigating his sentence.
10. The injured party or the victim or the victim advocate or victim’s representative may also
make a statement during the hearing on the physical, psychological or material impact of the
offence. The statement shall not include a recommendation on the type and severity of the
sentence.
11. In lieu of a statement during the sentencing hearing, the injured party or the victim may
request that a declaration of damages from Article 214 of this Code be presented in writing or be
read during the hearing, and considered in determining the sentence. The declaration shall not
include a recommendation on the type and severity of the sentence. A copy of the declaration
is submitted to the accused and the state prosecutor pursuant to the provisions of this Code, if
such declaration is not part of the casefile. The accused and his defense counsel may object to
the information in the declaration during the sentencing hearing.
12. At the conclusion of the sentencing hearing, the single trial judge then withdraws to render
the judgment, whereas the trial panel then withdraws for deliberation and voting in order to
render the judgment. The provisions of Article 365 of this Code apply mutatis mutandis for the
announcement of the sentence.

Article 70
General rules on mitigation or aggravation of punishment
2. When determining the punishment the court shall consider, but not be limited by, the following aggravating circumstances:
2.1. a high degree of participation of the convicted person in the criminal offense; 2.2. a high degree of intention on the part of the convicted person;
2.3. the presence of actual or threatened violence in the commission of the criminal offense;
2.4. whether the criminal offense was committed with particular cruelty;
2.5. whether the criminal offense involved multiple victims;
2.6. whether the victim of the criminal offense was particularly defenseless or vulnerable; 2.7. the age of the victim, whether young or elderly;
2.8. the extent of the damage caused by the convicted person, including death, permanent injury, the transmission of a disease to the victim, and any other harm caused to the victim and his or her family;
2.9. any abuse of power or official capacity by the convicted person in the perpetration of the criminal offense;
2.10. evidence of a breach of trust by the convicted person;
2.11. whether the criminal offense was committed as part of the activities of an organized criminal group; and/or
2.12. if the criminal offense is a hate act, which is any crime committed against a person, group of persons, or property, motivated upon the race, color, gender, gender identity, language, religion, national or social origin, relation to any community, property, economic condition, sexual orientation, birth, disability or other personal status, or because of their affinity with persons who have the aforementioned characteristics, except if one of the enumerated characteristics constitutes an element of a criminal offense.
2.13. any relevant prior criminal convictions of the convicted person.
2.14. if the offense is committed within a domestic relationship.