PART I - GENERAL PROVISIONS
ARTICLE 6. AUTHORIZED DISPOSITION OF OFFENDERS
§6.06 Sentence of Imprisonment for Felony.
(3) In imposing a sentence of imprisonment, the court may consider as aggravating or mitigating circumstances any factor which the court deems appropriate to the ends of justice, including the custom of the Republic of the Marshall Islands.
PART I - GENERAL PROVISIONS
ARTICLE 6. AUTHORIZED DISPOSITION OF OFFENDERS
§6.12. Reduction of Conviction by Court to Lesser Degree of Felony or to Misdemeanor.
If, when a person has been convicted of a felony, the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the view that it would be unduly harsh to sentence the offender in accordance with this code, the court may enter judgment of conviction for a lesser degree of felony or for a misdemeanor and impose sentence accordingly.
PART I - GENERAL PROVISIONS
ARTICLE 7. AUTHORITY OF COURT IN SENTENCING.
§7.01. Criteria for Suspending the Imposition or the Execution of a Sentence of Imprisonment and for Placing Defendant on Probation.
(2) The following grounds, while not controlling the discretion of the court, shall be accorded weight in favor of withholding sentence of imprisonment:
(a) the defendant's criminal conduct neither caused nor threatened serious harm;
(b) the defendant did not contemplate that his or her criminal conduct would cause or threaten serious harm;
(c) the defendant acted under a strong provocation;
(d) there were substantial grounds tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense;
(e) the victim of the defendant's criminal conduct induced or facilitated its commission;
(f) the defendant has compensated or will compensate the victim of his or her criminal conduct for the damage or injury that he or she sustained;
(g) the defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime;
(h) the defendant's criminal conduct was the result of circumstances unlikely to recur;
(i) the character and attitudes of the defendant indicate that he or she is unlikely to commit another crime;
(j) the defendant is particularly likely to respond affirmatively to probationary treatment;
(k) the imprisonment of the defendant would entail excessive hardship to himself or herself or the defendant's dependents.
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.