Chapter 6 (515/2003)
Determination of punishment
Determining the extent of a punishment
Section 4 (515/2003)
General principle
The extent of a punishment shall be determined so that it is in just proportion to the harmfulness and dangerousness of the offence, the motives for the act, and the other culpability of the perpetrator as manifested in the offence.
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.