TITLE 3
PENALTIES
CHAPTER 1
CATEGORIES OF PENALTIES
SECTION 1
PRINCIPAL PENALTIES
Article 43: Principal penalties
Principal penalties shall include imprisonment and fines.
Fines shall be expressed in Riels.
Article 44: Minimum and maximum principal penalties
If the penalty for an offence is imprisonment, the law shall set the minimum and maximum sentences of imprisonment incurred.
If the penalty for an offence is a fine, the law shall set the minimum and maximum amounts of the fine incurred.
Article 45: Aggravated and reduced penalties
The minimum and maximum sentences of imprisonment and fines may be aggravated or reduced as provided for by this Code.
Article 46: Definition of felony
A felony is an offence for which the maximum sentence of imprisonment incurred is:
(1) life imprisonment;
(2) imprisonment for more than five years, but no more than thirty years.
TITLE VI: PUNISHMENTS
Article 63: attenuating circumstances and exculpation of minors
Judges must weigh attenuating circumstances to reduce below perhaps even the minimum prescription punishments outlined in the present text, notably:
• the age of the convicted;
• the personal background of the convicted which might lead him or her to abrogate his or her responsibilities
• the psychological or psychiatric state of an accused which is certified by a psychologist or psychiatrist;
• circumstances of the crime or misdemeanor which rendered absolutely necessary the actions of the convicted.
For any accused person of less than 18 years of age, punishments outlined in preceding Articles are to be reduced by half.
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.