Section One: Translate the following English passages into Chinese.

Pursuant to article 24 of the Statute and rule 101 of the Rules, Trial Chambers must take into account the following factors in sentencing: the gravity of the offence or totality of the culpable conduct and the individual circumstances of the convicted person, the general practice regarding prison sentences in the courts of the former Yugoslavia, and aggravating and mitigating circumstances. Trial Chambers shall also take into account the following sentencing goals: deterrence and retribution.

While the Statute and the Rules oblige Trial Chambers to take into account the mitigating and aggravating circumstances of a case, those instruments do not mention which factors should be taken into account in mitigation or aggravation of a sentence, with the exception of substantial cooperation with the Prosecution. It is for the parties to argue which further factors should in their view be taken into account. Aggravating circumstances must be proven beyond reasonable doubt, whereas mitigating circumstances must be proven on a “balance of probabilities”: the circumstance in question must have existed or exists “more probably than not”. A Trial Chamber may decide, where the parties agree on some of the mitigating circumstances, to discharge the accused of that burden. The determination of what can constitute an aggravating or a mitigating factor and what weight has to be attached to it is within the Trial Chambers’ discretion and, accordingly, a Trial Chamber’s decision will only be disturbed on appeal if the appellant shows that the Trial Chamber either erred in the weighing process involved in the exercise of its discretion by taking into account what it ought not to have, or erred by failing to take into account what it ought to have. In so doing, the appellant is not allowed to challenge the Trial Chamber’s overall findings but must challenge the findings for each specific factor.

Various mitigating factors have been taken into account throughout the years. In Babi? (paragraph 43), the Appeals Chamber recalled the law applicable to mitigating circumstances and drew a non-exhaustive list of such factors. Examples of mitigating circumstances are: co-operation with the Prosecution, admission of guilt or a guilty plea,

expression of remorse, voluntary surrender, good character with no prior criminal convictions, comportment in detention, personal and family circumstances, post-conflict conduct, duress, indirect participation, diminished mental responsibility, age, assistance to detainees or victim, and poor health.

With regard to aggravating circumstances, in principle they must relate to the offender him- or herself. This does not mean that they must necessarily pertain to the offender’s personal characteristics, but rather that the accused can only be held responsible for acts for which he has done something or failed to do something that justifies holding him responsible. The position of authority of an accused, coupled with the manner in which the authority is exercised, may for example be taken in aggravation of a sentence. Other examples are: the vulnerability and the defencelessness of the victims or the sadistic behavior of an accused. An important consideration is that the same factors shall not be taken into account both as aspects of the gravity of the crimes and as aggravating factors.

Section Two: Translate the following Chinese passages into English.

品牌是日常生活的重要部分。对于哪款智能手机功能最好，哪个航空公司服务最棒，哪件时尚饰品最能赢得朋友们和同事们的关注，消费者有各自的强烈偏好。而品牌则帮助消费者在市场上追逐他们的喜好。品牌承载着关于品质、功能、可靠性和其他特征的声誉，并最终帮助消费者做出选择。同样重要的是，品牌还承载着消费者所在意的某个形象——奢华、时尚或社会责任，这些影响着他们购买什么样的商品或服务。

对于企业而言，品牌是具有战略意义的资产，也是一种竞争优势。因此，关于品牌推广策略如何影响其销售和利润，各企业积累了丰富的经验。各种学科针对成功的品牌推广实践开展了大量学术研究，提出了许多见解。众多专业咨询公司针对大到品牌战略、小至广告效率的各种问题提供咨询服务。

相比之下，有关品牌推广的经济影响的佐证仍然比较有限。例如，相对于其他 有形资产和无形资产而言，企业对品牌推广的投资有多少？品牌市场以什么方式 存在？品牌推广策略如何影响市场竞争？品牌推广活动是否影响产品创新的步伐？ 对于政策制定者而言，了解品牌推广活动如何与更广泛的经济产生互动非常重要。

品牌推广投资影响消费者的福利，而且从长期来看，会影响经济增长率。此外，政府会对企业的品牌推广活动产生某种影响，包括通过保护商标产生影响。