ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT
PART 7. PENALTIES
Article 77
Applicable penalties
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.
Article 78
Determination of the sentence
1. In
determining the sentence, the Court shall, in accordance with the Rules
of Procedure and Evidence, take into account such factors as the gravity
of the crime and the individual circumstances of the convicted person.
2. In
imposing a sentence of imprisonment, the Court shall deduct the time, if
any, previously spent in detention in accordance with an order of the Court.
The Court may deduct any time otherwise spent in detention in connection
with conduct underlying the crime.
3. When
a person has been convicted of more than one crime, the Court shall pronounce
a sentence for each crime and a joint sentence specifying the total period
of imprisonment. This period shall be no less than the highest individual
sentence pronounced and shall not exceed 30 years imprisonment or a sentence
of life imprisonment in conformity with article 77, paragraph 1 (b).
Article 79
Trust Fund
1. A Trust
Fund shall be established by decision of the Assembly of States Parties
for the benefit of victims of crimes within the jurisdiction of the Court,
and of the families of such victims.
2. The
Court may order money and other property collected through fines or forfeiture
to be transferred, by order of the Court, to the Trust Fund.
3. The
Trust Fund shall be managed according to criteria to be determined by the
Assembly of States Parties.
Article 80
Non-prejudice to national application of
penalties and national laws
Nothing in this Part affects the application by States of penalties prescribed
by their national law, nor the law of States which do not provide for penalties
prescribed in this Part.
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