GENERAL PART
CHAPTER TWO
THE OFFENCE
FIRST TITLE
FOUNDATIONS OF CRIMINAL LIABILITY
Section 18
Aggravated sentence based on special consequences of the offence
If the law imposes a more serious sentence based on an extended result if an offence, any principal or secondary participant is liable to the increased sentence only if they acted at least negligently with respect to that result.
GENERAL PART
CHAPTER TWO
THE OFFENCE
THIRD TITLE
PRINCIPALS AND SECONDARY PARTICIPANTS
Section 28
Special personal characteristics
(2) If the law provides that special personal characteristics aggravate, mitigate or exclude punishment this shall apply only to the accomplices (principals or secondary participants) in whose person they are present.
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.