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Indicting Rafsanjani

ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

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Article 73 Third-party information or documents

            If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 72. If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.   Article 74 Requirements for the decision

1.         All the judges of the Trial Chamber shall be present at each stage of the trial and throughout their deliberations. The Presidency may, on a case-by-case basis, designate, as available, one or more alternate judges to be present at each stage of the trial and to replace a member of the Trial Chamber if that member is unable to continue attending.

2.         The Trial Chamber's decision shall be based on its evaluation of the evidence and the entire proceedings. The decision shall not exceed the facts and circumstances described in the charges and any amendments to the charges. The Court may base its decision only on evidence submitted and discussed before it at the trial.

3.         The judges shall attempt to achieve unanimity in their decision, failing which the decision shall be taken by a majority of the judges.

4.         The deliberations of the Trial Chamber shall remain secret.

5.         The decision shall be in writing and shall contain a full and reasoned statement of the Trial Chamber's findings on the evidence and conclusions. The Trial Chamber shall issue one decision. When there is no unanimity, the Trial Chamber's decision shall contain the views of the majority and the minority. The decision or a summary thereof shall be delivered in open court.
  Article 75 Reparations to victims

1.         The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. On this basis, in its decision the Court may, either upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and will state the principles on which it is acting.

2.         The Court may make an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation.

            Where appropriate, the Court may order that the award for reparations be made through the Trust Fund provided for in article 79.
 
3.         Before making an order under this article, the Court may invite and shall take account of representations from or on behalf of the convicted person, victims, other interested persons or interested States.

4.         In exercising its power under this article, the Court may, after a person is convicted of a crime within the jurisdiction of the Court, determine whether, in order to give effect to an order which it may make under this article, it is necessary to seek measures under article 93, paragraph 1.

5.         A State Party shall give effect to a decision under this article as if the provisions of article 109 were applicable to this article.

6.          Nothing in this article shall be interpreted as prejudicing the rights of victims under national or international law.
  Article 76 Sentencing

1.         In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.

2.         Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.

3.         Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.

4.         The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.
  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.    PART 8. APPEAL AND REVISION    Article 81 Appeal against decision of acquittal or conviction or against sentence

1.         A decision under article 74 may be appealed in accordance with the Rules of Procedure and Evidence as follows:

(a)     The Prosecutor may make an appeal on any of the following grounds:
 

(i)     Procedural error,

(ii)     Error of fact, or

(iii)     Error of law;
 

(b)     The convicted person, or the Prosecutor on that person's behalf, may make an appeal on any of the following grounds:

(i)     Procedural error,

(ii)     Error of fact,

(iii)     Error of law, or

(iv)     Any other ground that affects the fairness or reliability of the proceedings or decision.

2.         (a)      A sentence may be appealed, in accordance with the Rules of Procedure and Evidence, by the Prosecutor or the convicted person on the ground of disproportion between the crime and the sentence;

            (b)       If on an appeal against sentence the Court considers that there are grounds on which the conviction might be set aside, wholly or in part, it may invite the Prosecutor and the convicted person to submit grounds under article 81, paragraph 1 (a) or (b), and may render a decision on conviction in accordance with article 83;

            (c)       The same procedure applies when the Court, on an appeal against conviction only, considers that there are grounds to reduce the sentence under paragraph 2 (a).

3.         (a)       Unless the Trial Chamber orders otherwise, a convicted person shall remain in custody pending an appeal;

            (b)       When a convicted person's time in custody exceeds the sentence of imprisonment imposed, that person shall be released, except that if the Prosecutor is also appealing, the release may be subject to the conditions under subparagraph (c) below;

            (c)       In case of an acquittal, the accused shall be released immediately, subject to the following:

(i)     Under exceptional circumstances, and having regard, inter alia, to the concrete risk of flight, the seriousness of the offence charged and the probability of success on appeal, the Trial Chamber, at the request of the Prosecutor, may maintain the detention of the person pending appeal;

(ii)     A decision by the Trial Chamber under subparagraph (c) (i) may be appealed in accordance with the Rules of Procedure and Evidence.

4.         Subject to the provisions of paragraph 3 (a) and (b), execution of the decision or sentence shall be suspended during the period allowed for appeal and for the duration of the appeal proceedings.   Article 82 Appeal against other decisions

1.         Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence:

(a)     A decision with respect to jurisdiction or admissibility;

(b)     A decision granting or denying release of the person being investigated or prosecuted;

(c)     A decision of the Pre-Trial Chamber to act on its own initiative under article 56, paragraph 3;

(d)     A decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.

2.         A decision of the Pre-Trial Chamber under article 57, paragraph 3 (d), may be appealed against by the State concerned or by the Prosecutor, with the leave of the Pre-Trial Chamber. The appeal shall be heard on an expedited basis.

3.     An appeal shall not of itself have suspensive effect unless the Appeals Chamber so orders, upon request, in accordance with the Rules of Procedure and Evidence.

4.     A legal representative of the victims, the convicted person or a bona fide owner of property adversely affected by an order under article 75 may appeal against the order for reparations, as provided in the Rules of Procedure and Evidence.
  Article 83 Proceedings on appeal

1.         For the purposes of proceedings under article 81 and this article, the Appeals Chamber shall have all the powers of the Trial Chamber.

2.         If the Appeals Chamber finds that the proceedings appealed from were unfair in a way that affected the reliability of the decision or sentence, or that the decision or sentence appealed from was materially affected by error of fact or law or procedural error, it may:

(a)     Reverse or amend the decision or sentence; or

(b)     Order a new trial before a different Trial Chamber.

            For these purposes, the Appeals Chamber may remand a factual issue to the original Trial Chamber for it to determine the issue and to report back accordingly, or may itself call evidence to determine the issue. When the decision or sentence has been appealed only by the person convicted, or the Prosecutor on that person's behalf, it cannot be amended to his or her detriment.

3.         If in an appeal against sentence the Appeals Chamber finds that the sentence is disproportionate to the crime, it may vary the sentence in accordance with Part 7.

4.         The judgement of the Appeals Chamber shall be taken by a majority of the judges and shall be delivered in open court. The judgement shall state the reasons on which it is based. When there is no unanimity, the judgement of the Appeals Chamber shall contain the views of the majority and the minority, but a judge may deliver a separate or dissenting opinion on a question of law.

5.         The Appeals Chamber may deliver its judgement in the absence of the person acquitted or convicted.

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