Mitigating factors - national proceedings

Iceland

Iceland - Criminal Code 1940 (2019) EN

VIII. chapter. Items that affect the level of punishment.

Article 70
When determining the penalty, the following points should be taken into account in particular:
1. The importance of the offense to which the offense is directed.
2. How extensive damage it has caused.
3. The degree of danger posed by the project, in particular when, when, where and how it was carried out.
4. Age of the person responsible for the work.
5. His recent behavior.
6. How strong and focused his will has been.
7. What has happened to him.
8. How his conduct has been, after he had done the work.
[9. [Whether he has voluntarily provided assistance or information that is of significant importance in reporting his offense, the involvement of others in the offense or other offenses.] 1)] 2)
If more than one person has done the work together, it should generally be taken into account to aggravate the penalty.
[If the act was directed at a man, woman or child who is close to the perpetrator, and their connection is considered to have increased the seriousness of the act, this shall normally be taken into account to aggravate the punishment.]

Article 71
When the law determines or authorizes increased punishment or other sanctions for the repetition of an offense, these provisions shall not be applied unless the perpetrator has, before committing the second offense, been convicted of an offense or has been punished in this country for an offense that has a recurring effect. the latter offense, or attempted or participation in such offense, and that he was in addition 18 years old when he committed the first offense.
The courts may allow repeated convictions handed down abroad to have a recurring effect, as if they had been handed down in Iceland.
Repetitive effect ceases if 5 years have elapsed since the offender served the first sentence, or from the time it has lapsed or been handed over, until he commits the second offense. If the previous sentence was a fine, the time limit shall, however, be counted from the day on which the final sentence was announced or a fine was paid.

Article 72
If a person has made it a habit to commit an offense, of one type or more, or he does so for commercial purposes, the penalty may be increased to up to half of it. If this is repeated, the penalty may be doubled.

Article 73
If a prisoner who is serving a sentence or is being held in custody for other reasons, is guilty of a violation of the provisions of 106,… 1)126., 127., 164., 211., 217., 218., 225., 226., 233. or the second paragraph. Article 257, then, when his punishment is specified, the maximum level of the punishment that is attached to his offense according to the mentioned articles may, but not more than that, that the punishment be doubled. In such a case, the sentence may not be less severe than [imprisonment]. 2) … 2)
The provisions of the first sentence of the preceding paragraph may also be applied where the offense referred to therein is committed by a former convict against the officers or employees of the penitentiary in which he resided, or the offense is directed at the penitentiary or its property, as well as in the case of a former convict. guilty of a violation of the provisions of Article 111, in respect of prisoners serving a sentence in the penitentiary in which he previously resided.
If a person who has been sentenced to life imprisonment and has not been pardoned commits a new offense in or out of prison, the court shall decide what punishment he should be sentenced to, if the previous sentence had not been life imprisonment. He may then also be sentenced to endure sanctions according to Article 47, however, to a period of punishment according to point 3. that article may be duplicated.

Article 74
The penalty imposed by law for an offense may be reduced from the minimum stipulated therein in such circumstances, as follows:
1. When a person has exceeded the limits of permissible emergency protection or emergency law.
2. When an offense is committed by a person who is not yet 18 years of age, and due to his youth it can be considered that full punishment is unnecessary or harmful. Punishment for crimes committed at this age can never be more severe than 8 years in prison.
3. If the person who carried out the act considered that his act was not a violation of the law, due to an excusable ignorance or misunderstanding of legal rules that prohibit the commission of an act.
4.When a person has committed an offense in great anger or frustration, the person who has been the victim of the offense has aroused him by an illegal attack or a major insult.
5. If a person is tempted to commit a crime because he was dependent on others.
6. If a person is forced to commit an offense, but the coercion is not protected in such a way that it makes his act completely unpunished.
7. If the person who carried out the work has voluntarily, after it has been completed, averted the danger which it entailed.
8.If the person who carried out the work has voluntarily fully compensated the damage that resulted from the work, as well as when he has made a great effort to prevent the harmful consequences of the work or tried to compensate for the damage.
9. If a person voluntarily discloses his or her offense and frankly discloses any incident to it [or voluntarily provides assistance or information that is of significant importance in reporting his or her offense, the involvement of others in the offense or other offenses]. 1)
It may be decided, in this case, that in 1. – 8. tölul. states that the penalty shall be waived in its entirety.

Article 75
If a person has committed an offense in intense emotion, due to another short-term imbalance of mental differences or otherwise, the act will not be considered as punishable as usual for similar offenses, the punishment may be reduced and even, if the offense is not more serious punishment but [imprisonment for up to 1 year], 1)let it fall down. If the person who carried out the work himself has found himself in the situation in question by consuming alcohol, the above provisions are only possible if there is redress and the perpetrator has not previously been guilty of the same or a similar offense or of a violation of 1. or Paragraph 2 Article 123

Article 76
If a defendant has been remanded in custody, and it is not his fault how he has behaved during the case or its investigation, it shall be decided in a criminal court that the remand in custody shall replace the sentence in part or in full.

Article 77
If, during the same case, a person is found to have committed more than one offense, the punishment for them shall be specified in one go, and so that they are all taken into account, but if life imprisonment is involved in the greatest offense, it is not further punishment for the other offenses.
Punishment shall, as a general rule, be specified within the limits of the penal provision that accompanies the offenses, and if not all of them are subject to the same penal provision, then within the limits of the penal provision that imposes the heaviest penalty. However, depending on the circumstances of the case, the penalty may be increased to up to half of it. However, when a person is convicted at the same time of a major offense and of another, which is a relatively trivial matter, the courts may apply even the lowest level of punishment for the more serious offense.

If convicted in one sentence for two or more offenses, one or more of which concern [prison], 1) but the other fines, the courts may also impose fines [imprisonment].

Article 78
If a person who has been convicted of one or more offenses is found to have committed other offenses before he was convicted, he shall be sentenced to an additional penalty corresponding to the severity of the punishment which may have occurred if he had been convicted. about all the violations in the first case. [May then be sentenced to imprisonment for less than 30 days.]

Article 79
[If the law authorizes increased punishment for offenses, the limits set in Article 34 shall not prevent the imposition of imprisonment for up to 20 years.]

Rome Statute

Article 76 Sentencing

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.