Article 264 – Sentencing hearing
1. If a case is heard by a jury, during the sentencing hearing, the parties shall, based on the sum of evidence examined during the case hearing, as well as on other presented evidence, taking into account mitigating and aggravating circumstances, present their opinions as to the type and measure of punishment. If neither of the parties objects, the sentencing hearing shall be held with the participation of the jury. Upon motion of a party and by decision of the presiding judge, the evidence that was recognised as inadmissible during the hearing on the merits may be admitted at the sentencing hearing.
2. If, during the sentence hearing, the jury, by a majority of votes, agrees on a recommendation to mitigate the sentence, the presiding judge may not impose on the accused more than two thirds of the sentence prescribed for that crime under the Criminal Code of Georgia. If the minimum limit of the sentence prescribed under the Criminal Code of Georgia exceeds two thirds of the maximum limit, the minimum sentence shall be imposed on the convicted person.
3. If, during the sentencing hearing, the jury, by a majority of votes, agrees on a recommendation to aggravate the sentence, the presiding judge may not impose on the accused less than two thirds of the maximum limit of the sentence prescribed under the Criminal Code of Georgia for that crime.
4. If the jury is unable to agree on a recommendation to mitigate or aggravate the sentence, the sentence shall be imposed by the presiding judge.
5. A party may express its opinion with respect to the opinion presented on the sentence by the opposing party.
6. The presiding judge shall impose a sentence on the accused taking into account the recommendation agreed to by the jurors on the mitigation or aggravation of the sentence.
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.