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Part 7 Penalties: Les Peines, Art.78 Determination of the sentence/Fixation de la peine

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 17 June 2024

Detention — Elements of crimes — International criminal law, victims — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 78 of the Rome Statute of the International Criminal Court. Article 78 concerns determination of the sentence and addresses three issues: mitigating and aggravating factors, the treatment of time served in detention prior to sentencing, and the imposition of sentences in the case of conviction for more than one offence. Article 78 is to be read in conjunction with detailed provisions in the Rules of Procedure and Evidence. Paragraph 2 governs the calculation of the sentence, allowing for the deduction of time served in detention ‘in accordance with an order of the Court’. Finally, paragraph 3 imposes limits on the length of a custodial sentence.

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