General Part
Chapter V
Determination of Punishment
Section 47. Mitigating Circumstances
(1) The following circumstances shall be considered as circumstances mitigating the liability :
1) the perpetrator of the criminal offence has admitted his or her guilt, has freely confessed and has regretted the offence committed ;
2) the offender has actively furthered the disclosure and investigation of the criminal offence ;
3) the offender has voluntarily compensated the harm caused by the criminal offence to the victim or has eliminated the harm caused ;
4) the offender has facilitated the disclosure of a crime of another person ;
5) the criminal offence was committed as a result of unlawful or immoral behaviour of the victim ;
6) the criminal offence was committed exceeding the conditions regarding the necessary self-defence, extreme necessity, detention of the person committing the criminal offence, justifiable professional risk, the legality of the execution of a command and order ;
7) the criminal offence was committed by a person in a state of diminished mental capacity.
(2) In determining a punishment, circumstances which are not provided for in this Law and which are related to the criminal offence committed, may be considered as circumstances mitigating the liability.
(3) A circumstance, which is provided for in this Law as a constituent element of a criminal offence, may not be considered to be a mitigating circumstance.
Section 14. Diminished Mental Capacity
(1) If a person, at the time of the commission of a criminal offence, due to mental disorder or mental disability, was not able to understand his or her acts fully or control them, that is, was in a state of diminished mental capacity, the court may reduce the punishment to be adjudged or release such person from punishment, according to the actual circumstances of the offence.
(2) For a person who has been found to have diminished mental capacity, the court shall apply compulsory measures of a medical nature as set out in this Law.
Section 47. Mitigating Circumstances
(1) The following circumstances shall be considered as circumstances mitigating the liability:
1) the perpetrator of the criminal offence has admitted his or her guilt, has freely confessed and has regretted the criminal offence committed;
2) the offender has actively furthered the disclosure and investigation of the criminal offence;
3) the offender has voluntarily compensated the harm caused by the criminal offence to the victim or has eliminated the harm caused;
4) the offender has facilitated the disclosure of a crime of another person;
5) the criminal offence was committed as a result of unlawful or immoral behaviour of the victim;
6) the criminal offence was committed exceeding the conditions regarding the necessary self-defence, extreme necessity, detention of the person committing the criminal offence, justifiable professional risk, the legality of the execution of a command and order;
7) the criminal offence was committed by a person in a state of diminished mental capacity.
(2) In determining a punishment, circumstances which are not provided for in this Law and which are related to the criminal offence committed, may be considered as circumstances mitigating the liability.
(3) A circumstance, which is provided for in this Law as a constituent element of a criminal offence, may not be considered to be a mitigating circumstance.
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.