Chapter 7. Penalties

• Author: International Criminal Court
• Pages: 61-63

61

Rules of Procedure and Evidence

Chapter 7.

Penalties

Rule 145

Determination of sentence

1. In its determination of the sentence pursuant to article 78, paragraph 1, the Court shall:

(a) Bear in mind that the totality of any sentence of imprisonment and f‌ine, as the

case may be, imposed under article 77 must ref‌lect the culpability of the convicted

person;

(b) Balance all the relevant factors, including any mitigating and aggravating factors

and consider the circumstances both of the convicted person and of the crime;

(c) In addition to the factors mentioned in article 78, paragraph 1, give consideration,

inter alia, to the extent of the damage caused, in particular the harm caused to the

victims and their families, the nature of the unlawful behaviour and the means

employed to execute the crime; the degree of participation of the convicted person;

the degree of intent; the circumstances of manner, time and location; and the age,

education, social and economic condition of the convicted person.

2. In addition to the factors mentioned above, the Court shall take into account, as

appropriate:

(a) Mitigating circumstances such as:

(i) The circumstances falling short of constituting grounds for exclusion of

criminal responsibility, such as substantially diminished mental capacity or

duress;

(ii) The convicted person’s conduct after the act, including any efforts by the

person to compensate the victims and any cooperation with the Court;

(b) As aggravating circumstances:

(i) Any relevant prior criminal convictions for crimes under the jurisdiction of

the Court or of a similar nature;

(ii) Abuse of power or off‌icial capacity;

(iii) Commission of the crime where the victim is particularly defenceless;

(iv) Commission of the crime with particular cruelty or where there were multiple

victims;

(v) Commission of the crime for any motive involving discrimination on any of

the grounds referred to in article 21, paragraph 3;

(vi) Other circumstances which, although not enumerated above, by virtue of

their nature are similar to those mentioned.

3. Life imprisonment may be imposed when justif‌ied by the extreme gravity of the crime

and the individual circumstances of the convicted person, as evidenced by the existence

of one or more aggravating circumstances.