Chapter 6 (515/2003)
Determination of punishment
Determining the extent of a punishment
Section 6 (515/2003)
Grounds for mitigating the punishment
The following are grounds for mitigating the punishment:
1) significant pressure, threat or another similar factor that has affected the commission of the offence,
2) strong empathy that has led to the offence or an exceptional and sudden temptation, an exceptionally great contribution of the injured party, or another equivalent factor that has been conducive to decreasing the perpetrator’s ability to comply with the law,
3) settlement reached between the perpetrator and the injured party, other endeavours of the perpetrator to prevent or remove the effects of the offence, or the perpetrator's endeavours to further the investigation of the offence, and
4) the grounds mentioned in section 8, subsections 1 and 3.
Section 7 (515/2003)
Grounds for mitigating the punishment for reasons of equity
In addition to what is provided in section 6 above, the following shall be taken into account as factors mitigating the punishment, if the punishment determined in accordance with the established practice would, for these reasons, lead to an unreasonable or exceptionally detrimental outcome:
1) some other consequence resulting from the offence or sentence to the perpetrator,
2) the advanced age, poor health or other personal circumstances of the perpetrator, and
3) a considerably long period that has passed since the commission of the offence.
Section 8a (673/2014)
Application of a reduced penal scale on the basis of a plea of guilty
A reduced penal scale is applied in determining the punishment if the perpetrator has contributed to the investigation of the offence as provided in chapter 1, sections 10 and 10a and chapter 5b of the Criminal Procedure Act (689/1997) and in chapter 3, section 10a of the Criminal Investigation Act (805/2011).
When determining a punishment under subsection 1, at most two thirds of the maximum amount of imprisonment or fine provided for the offence and at least the minimum amount of the type of punishment provided for the offence may be imposed. If the most severe punishment provided for the offence is imprisonment for a fixed term, the court may impose a fine instead of imprisonment, if there are special reasons for this.
The judgment shall indicate not only the punishment imposed but also which punishment the court would have imposed without the contribution referred to above.
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.