Chapter 6 (515/2003)
Determination of punishment
Determining the extent of a punishment
Section 5 (564/2015)
Grounds for increasing the punishment
The following are grounds for increasing the punishment:
1) premeditated nature of the criminal activity,
2) commission of the offence as part of the activities of an organised criminal group,
3) commission of the offence in exchange for a remuneration,
4) commission of the offence for a motive based on race, colour, descent, national or ethnic origin, religion or belief, sexual orientation or disability or for another comparable motive, and
5) the previous criminality of the perpetrator, if the relationship between it and the new offence, due to similarities between the offences or otherwise, demonstrates manifest disregard of the prohibitions and commands of the law on the part of the perpetrator.
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.