International Criminal Court
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F. JUDGMENT AND SENTENCE
Once the parties have presented their evidence, the Prosecution and the Defence
are invited to make their closing statements.
The Defence always has the
opportunity to speak last. The judges may order reparations to victims, including
restitution, compensation and rehabilitation.
To this end, they may make an order
directly against a convicted person.
61. When is the sentence pronounced by the Court?
After hearing the victims and the witnesses called to testify by the Prosecution and
the Defence
and considering the evidence, the judges decide whether the accused
person is guilty or not guilty.
The sentence is pronounced in public and, wherever possible, in the presence of the
accused, and victims
or their legal representatives, if they have taken part in the
proceedings.
62. What penalties may be imposed by the Court?
The judges may impose a prison sentence, to which
may be added a fine or
forfeiture of the proceeds, property and assets derived directly or indirectly from
the crime committed. The Court cannot impose a death sentence.
The maximum
sentence is 30 years. However, in extreme cases, the Court may impose a term of life
imprisonment.
63. Where are the sentences served?
Convicted persons serve their prison sentences in a State designated by the Court
from a list of States which have indicated to the Court their willingness to accept
convicted persons.
The conditions of imprisonment are governed
by the laws of the State of
enforcement and must be consistent with widely accepted international treaty
standards governing the treatment of prisoners. Such conditions may not be more
or less favourable than those available to prisoners convicted
of similar offences in
the State of enforcement.
