Article 72. General principles of sentencing
1. The court shall impose a punishment within the limits established by the relevant article of the Special Part of this Code, which provides for liability for the crime committed, subject to the provisions of the General Part of this Code.
2. When sentencing, the court must take into account that the punishment is proportionate to the degree of guilt and the degree of harm caused by the act, taking into account the preventive purposes of the punishment.
3. A more severe type of punishment, as provided for in Article 60 of this Code, may be imposed only in cases where a less severe type of punishment cannot ensure the achievement of the goals of the punishment.
4. If an article (part of an article) of the Special Part of this Code, under which a person is brought to criminal liability, provides for a mitigating or aggravating circumstance as a feature of the elements of a crime, the same circumstance shall not be taken into account when assigning a 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.