Aggravating factors - national proceedings

Cambodia

Cambodia - Criminal Code 2009 (2014) (EN/Khmer)

TITLE 3
PENALTIES

CHAPTER 1
CATEGORIES OF PENALTIES

SECTION 1
PRINCIPAL PENALTIES

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.

Rome Statute

Article 76 Sentencing

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.