Article 74. Aggravating circumstances
1. When assigning a punishment, the following circumstances are recognized as aggravating the punishment:
1) committing a crime as part of a group of persons, a group of persons by prior conspiracy, an organized group or a criminal community;
2) committing a crime on the basis of racial, ethnic, national, religious or interregional hostility (dissension);
3) causing serious harm by a crime;
4) committing a crime against a child, a disabled person, an elderly person or a person in a helpless state;
5) committing a crime against a woman who is pregnant;
6) committing a crime against a person who is materially or officially dependent on the perpetrator;
7) committing a crime with particular cruelty;
8) committing a crime under a state of emergency or martial law or in a state of public disaster;
9) committing a crime in a generally dangerous manner;
10) committing a crime with the purpose of concealing another crime or facilitating its commission;
11) commission of a crime by a person in a state of intoxication.
The court has the right, depending on the nature of the crime, not to recognize this circumstance as an aggravating factor.
2. When sentencing, the court may not recognize as aggravating circumstances that are not provided for in this article.
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.