(1) If a person is found guilty by the court of an offense and a separate hearing is required to determine the punishment in accordance with section 9 of the Act, the court shall set a hearing date not exceeding thirty days for that purpose. However, the offender of a crime that has been decided by the first level court following the procedure according to the currently prevailing law, or a separate trial has been held in a court for determining the punishment, does not have to be heard separately for the purpose of determining the punishment by the higher level court for the same crime.
(2) Even if any party to the case is absent from the court on the date of appearance fixed according to sub-rule (1), there will be no hindrance in taking action related to the determination of punishment.
(3) If the judge who adjudicated the offense on the day of the appearance specified in accordance with sub-rule (1) is on leave or is engaged in work or is not present in the court for other special reasons, the date of his appearance in the court shall be determined and the date of the next appearance shall be set for the sentencing hearing.
(4) When setting the date of the hearing related to sentencing, as far as possible, it should be decided in consultation with the relevant parties and their legal professionals, taking into consideration the management of court appearances and the workload of the relevant judge.
(5) Cases submitted for sentencing hearings shall have priority in hearings.
(6) It shall not be mandatory to publish the cases scheduled for the sentencing hearing in the weekly list of court appearances.
(7) A party or his legal practitioner shall not be entitled to adjourn the arraignment prescribed for sentencing.
(8) If more than one defendant is found guilty in a case and the punishment is to be determined, the punishment shall be determined in the case of all such criminals at one time.
(9) If there is any objection regarding sentencing, the plaintiff or the offender or his legal practitioner may submit such objection in writing to the court before the sentencing hearing.
(10) Write a separate opinion book as per Schedule-1 of the decision to determine the punishment of the caseIt will be necessary.
(11) According to the law, the penalty shall be deducted only after the punishment has been determined in the case where the punishment has to be determined by a separate hearing.
(12) When preparing the full text of the judgment for a separate punishment determination hearing in a case, the conviction and punishment determination decision numbers should be mentioned in the verdict section, the conviction decision and the punishment decision for the guilty party should be written respectively, conviction, punishment determination. The judge must sign the date on which the judgment was certified.