§ 33
Special aggravating causes
1) It shall in particular be an aggravating cause if the perpetrator:
1. has committed several offences of the same or different kinds or continued the offence for an extended period of time;
2. has already been convicted of an act arising from the same harmful inclination;
3. induced another person to commit the offence;
4. was the author or instigator of an offence committed by several persons or participated in such an act in a leading capacity;
5. acted for racist, xenophobic, or other especially reprehensible motives, in particular for motives which are expressly directed against a group of persons referred to in § 283 paragraph 1 sub- paragraph 1, or a member of such a group, due to the fact that they belong to this group;22
6. acted treacherously, cruelly or in manner inflicting agony on the victim;
7. when committing the act, exploited the defencelessness or helplessness of another person;
8. committed the act as part of a criminal group;23
9. committed an offence in conscious and deliberate coordination with another person;24
10. has committed the act and, in the process, has misused the personal data of another person in order to gain the trust of a third party, as a result of which damage is caused to the lawful identity owner.25
§ 39a^34
Change of the penalty provided for offences against under-age
persons
1) If a perpetrator, who is of full age, has committed an intentional offence with the use of force or a dangerous threat against an under-age person, the following penalties shall apply:
1. a penalty of imprisonment of two months up to one year, instead of a penalty of imprisonment of up to one year or a penalty of such imprisonment or a monetary penalty,
2. a penalty of a minimum duration of imprisonment of three months, instead of a penalty of imprisonment with no minimum and with a maximum term of imprisonment of one year,
3. a penalty of a minimum term of imprisonment of one year, instead of a penalty of imprisonment with a minimum term of six months,
4. a penalty of a minimum term of imprisonment of two years, instead of a penalty of imprisonment with a minimum term of one year.
2) In the application of the §§ 36 and 41, the penalties amended in paragraph 1 shall be used.
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.