Article 45
The court may impose on a perpetrator a penalty below the limit laid down by law or a lighter type of penalty, provided that:
1) the law provides that the perpetrator may receive a lighter sentence;
2) the law provides that the perpetrator may be released from punishment, but the court does not release him from punishment;
3) it is established that there are particularly mitigating circumstances and it is judged that a mitigated penalty will be sufficient to achieve the purpose of punishment.
Article 54
(4) When determining whether to impose a suspended sentence, the court shall take into account the purpose of the suspended sentence and give particular consideration to the perpetrator’s personality, his antecedents, his behaviour after the commission of the criminal offence, the degree of culpability and other circumstances under which the offence was committed.
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.