Rome Statute
Part 7: Penalties

Article Art. 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).

Source: Article 78 — Determination of the sentence, https://www.­icc-cpi.­int/Publications/Rome-Statute.­pdf (accessed May 26, 2025).

Verified

May 26, 2025

Art. 78’s source at icc-cpi​.int