Article 66

In deciding whether to impose a sentence of capital punishment, imprisonment, a fine, or another punishment, in deciding the appropriate term of imprisonment or amount of fine or other punishment within the range allowed or required by law and in deciding whether to suspend a sentence of fine or imprisonment, where such is allowed by law, a Court shall consider the offender’s role in the offence as well as any relevant aggravating and mitigating circumstances present in the case. In making its determinations, the Court shall consider each of the aggravating and mitigating circumstances and the weight given to each such circumstance under Annexes II and III of this Code and their relative gravity and impact upon the case or the offender.

Where the Code, in the General or Special Part hereof, provides that the Court may unrestrictedly reduce the penalty, the Court may sentence the offender to a punishment less than the minimum sentence provided by the provisions of this Code for the class of offences to which that particular offence belongs, or may impose no sentence at all, provided that in so doing, the Court must set out in writing the specific mitigating factors that support such a determination.