BOOK FIRST PENAL LAWS
PART I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION, OF THE WILL AND AGE OF
THE OFFENDER, OF ATTEMPTED OFFENCE, OF ACCOMPLICES AND OF RECIDIVISTS
Title I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION
Sub-title III
OF THE ASCENT AND DESCENT FROM ONE PUNISHMENT TO ANOTHER
31. (1) The ascent or descent from one degree of punishment
to another shall be as follows:
(a) subject to any special provision contained in this Code, from the punishment of imprisonment for life the descent shall be in accordance with the scale of punishments of imprisonment as specified in
paragraph (b);
(b) subject to any special provision contained in this Code, the following shall be the scale of punishments of imprisonment:
(i) from eight years to thirty years,
(ii) from seven to twenty years,
(iii) from six to twelve years,
(iv) from five to nine years,
(v) from four to six years,
(vi) from three to five years,
(vii) from two to four years,
(viii) from eighteen months to three years,
(ix) from thirteen months to two years,
(x) from nine to eighteen months,
(xi) from seven months to one year,
(xii) from five to nine months,
(xiii) from two to six months,
(xiv) from one to three months;
(c) the descent from the fourteenth degree shall be to imprisonment for a term not exceeding twenty days, or to detention or to a fine (ammenda);
(d) in the ascent from one degree to another, the order shall be inverted, commencing from the fourteenth degree;
(e) in default of an express provision to the contrary, the ascent from the first degree shall be made by adding to the punishment of imprisonment the punishment of solitary confinement for not more than twelve terms, or by adding other aggravations of punishment established by the prison regulations;
(f) the ascent from the punishment of a fine (multa) shall be to imprisonment for a term not exceeding three months, and the descent shall be to the punishments established for contraventions;
(g) the ascent from the punishments established for contraventions shall be to the punishment of a fine
(2) The law establishing in general terms a descent from one punishment to another, shall not be deemed to include cases of contraventions or of crimes liable to the punishments for contraventions.
32. (1) Where the punishment includes a latitude of more degrees, the ascent or descent shall be made by raising or lowering the maximum and the minimum to the nearest degree respectively.
(2) When the punishment of solitary confinement is added to another punishment, the ascent or descent shall be reckoned on such other punishment:
Provided that in cases of descent, the court may restrict the punishment of solitary confinement to any smaller number of terms or omit such punishment altogether.
1. The convicted person or, after death, spouses, children, parents or one person alive at the time of the accused's death who has been given express written instructions from the accused to bring such a claim, or the Prosecutor on the person's behalf, may apply to the Appeals Chamber to revise the final judgement of conviction or sentence on the grounds that:
(a) New evidence has been discovered that:
(i) Was not available at the time of trial, and such unavailability was not wholly or partially attributable to the party making application; and
(ii) Is sufficiently important that had it been proved at trial it would have been likely to have resulted in a different verdict;
(b) It has been newly discovered that decisive evidence, taken into account at trial and upon which the conviction depends, was false, forged or falsified;
(c) One or more of the judges who participated in conviction or confirmation of the charges has committed, in that case, an act of serious misconduct or serious breach of duty of sufficient gravity to justify the removal of that judge or those judges from office under article 46.
2. The Appeals Chamber shall reject the application if it considers it to be unfounded. If it determines that the application is meritorious, it may, as appropriate:
(a) Reconvene the original Trial Chamber;
(b) Constitute a new Trial Chamber; or
(c) Retain jurisdiction over the matter, with a view to, after hearing the parties in the manner set forth in the Rules of Procedure and Evidence, arriving at a determination on whether the judgement should be revised.