Article 71. Principle of Guilt and Principle of Proportionality of Punishments
1. Guilt shall be the ground for punishment of a person having committed a criminal offence.
2. The punishment prescribed by law, as well as the type and size of the punishment imposed must be proportionate to the committed act.
General Part
Section 3.
Punishment.
Chapter 9.
Notion of punishment, purposes and types.
Article 59. Imprisonment for a certain term.
1. Imprisonment is isolation from the society in the form of keeping the convict in a correctional institution, in custody.
2. Imprisonment can last from 3 months to 15 years.
3. Imprisonment for a crime through negligence can not exceed 10 years.
4. When assigning punishment by aggregate of crimes, in case of complete or partial summation of imprisonment terms, the maximal term can not exceed 15 years, and by aggregate of sentences, 20 years.
General Part
Section 3.
Punishment.
Chapter 9.
Notion of punishment, purposes and types.
Article 60. Life sentence.
1. Life sentence is isolation of the convict in a form of keeping him imprisoned in a corrective institution without time-limit, which in cases envisaged in this Code can be assigned for particularly grave crimes.
2. Persons under 18 years of age at the time of committal of the crime, and women pregnant at the time of committal of the crime or sentencing, can not be sentenced to life sentence.
General Part
Section 3.
Punishment.
Chapter 10.
Assignment of punishment.
Article 66. Assignment of punishment by accumulation of crimes.
4. If the aggregate of crimes involves grave and particularly grave crimes, then the final punishment is assigned by complete or partial summation of punishments. The final punishment can not exceed 15 years of imprisonment. If one of the accomplices is sentenced to life, then the final basic punishment is decided by absorption.
Special Part
Section 13.
Crimes against peace and human security
Chapter 33.
Crimes against peace and human security
Article 393. Genocide.
The actions aimed at the complete or partial extermination of national, ethnic, racial or religious groups by means of killing the members of this group , inflicting severe damage to their health , violently preventing them from childbearing , enforced hand-over of children , violent re-population, or physical elimination of the members of this group , are punished with imprisonment for the term of 13 to 15 years or with life sentence.
Special Part
Section 13.
Crimes against peace and human security
Chapter 33.
Crimes against peace and human security
Article 396. Assault on persons or organizations under international protection.
1. Assault on the employees of foreign states or international organizations under international protection, or on family members residing with them, on office or residential buildings or means of transportation of persons under international protection, if these actions were committed with the purpose of provoking war, or complication of international relations, is punished with imprisonment for the term of 3 to 7 years.
2. The same actions which negligently caused human death, heavy damage to health or destruction of property or important documents, is punished with imprisonment for the term of 3 to 12 years.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.