CODE OF PENAL PROCEDURE OF CAPE VERDE
PART ONE
PRELIMINARY VOLUME
FOUNDATIONS OF PENAL PROCEDURE
TITLE IV - JURISDICTION AND COMPETENCE
CHAPTER I - GENERAL PROVISIONS
Article 34
Determination of the applicable penalty
For purposes of the provisions of the law on the material and functional competence of the courts, in so far as the determination of the applicable penalty is concerned, all circumstances that may give rise to the maximum legal penalty that can be applied in a proceeding shall be taken into account.
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.