GENERAL PART
CHAPTER TWO
THE OFFENCE
THIRD TITLE
PRINCIPALS AND SECONDARY PARTICIPANTS
Section 27
Aiding
(2) The sentence for the aider shall be based on the penalty for a principal. It shall be mitigated pursuant to section 49(1).
Section 28
Special personal characteristics
(1) If special personal characteristics (section 14(1)) that establish the principal’s liability are absent in the person of the secondary participant (abettor or aider) their sentence shall be mitigated pursuant to section 49(1).
(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.
GENERAL PART
CHAPTER TWO
THE OFFENCE
THIRD TITLE
PRINCIPALS AND SECONDARY PARTICIPANTS
Section 30
Conspiracy
(1) A person who attempts to induce another to commit a felony or abet another to commit a felony shall be liable according to the provisions governing attempted felonies. The sentence shall be mitigated pursuant to section 49 (1). Section 23 (3) shall apply mutatis mutandis.
GENERAL PART
CHAPTER THREE
SANCTIONS
SECOND TITLE
SENTENCING
Section 46b
Contributing to the discovery or prevention of serious offences
(1) If the perpetrator of an offence punishable by an increased minimum sentence of imprisonment or a sentence of life imprisonment,
1. has substantially contributed to the discovery of an offence under section 100a(2) of the Code of Criminal Procedure which is related to his own offence by voluntarily disclosing his knowledge, or
2. voluntarily discloses his knowledge to an official authority in time for the completion of an offence under section 100a(2) of the Code of Criminal Procedure related to his own offence, the planning of which he is aware of, to be averted,
the court may mitigate the sentence under section 49(1); a sentence of life imprisonment shall be replaced with a term of imprisonment of no less than ten years. In order to determine whether an offence is punishable by an increased minimum sentence of imprisonment, only aggravations for especially serious cases but no mitigations shall be taken into account. If the offender participated in the offence, his contribution to its discovery under the 1st sentence No. 1 above must exceed his own contribution. Instead of a reduction in sentence the court may order a discharge if the offence is punishable by a fixed-term sentence of imprisonment only and the offender would not be sentenced to a term exceeding three years.
(2) In arriving at its decision under subsection (1) above the court shall have particular regard to:
1. the nature and scope of the disclosed facts and their relevance to the discovery or prevention of the offence, the time of disclosure, the degree of support given to the prosecuting authorities by the offender and the gravity of the offence to which his disclosure relates, as well as
2. the relationship of the circumstances mentioned in No. 1 above to the gravity of the offence committed by and the degree of guilt of the offender.
(3) A mitigation of sentence or a discharge under subsection (1) above shall be excluded if the offender discloses his knowledge only after the indictment against him has been admitted by the trial court (section 207 of the Code of Criminal Procedure).
GENERAL PART
CHAPTER THREE
SANCTIONS
SECOND TITLE
SENTENCING
Section 49
Special mitigating circumstances established by law
(1) If the law requires or allows for mitigation under this provision, the following shall apply:
1. Imprisonment of not less than three years shall be substituted for imprisonment for life.
2. In cases of imprisonment for a fixed term, no more than three quarters of the statutory maximum term may be imposed. In case of a fine the same shall apply to the maximum number of daily units.
3. Any increased minimum statutory term of imprisonment shall be reduced as follows:
a minimum term of ten or five years, to two years; a minimum term of three or two years, to six months; a minimum term of one year, to three months; in all other cases to the statutory minimum.
(2) If the court may in its discretion mitigate the sentence pursuant to a law which refers to this provision, it may reduce the sentence to the statutory minimum or impose a fine instead of imprisonment.
Section 50
Multiple mitigating circumstances
A circumstance which alone or together with other circumstances justifies the assumption of a mitigated offence under the provisions of the special part and which is also a special statutory mitigating circumstance for the purposes of section 49, may only be considered once.
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.