 Contrary to the deliberation on the questions of fact, all of the three judges and twelve jurors have an equal vote over the penalty, and the vote is held orally instead of by a secret ballot.The penalty to be imposed needs to be provided for by law and to be agreed upon by a simple majority.If no majority for a certain penalty exists, the judges or jurors that supported the least favourable penalty to the accused are required to support one of the other proposed penalties, until one of the proposed penalties gains majority support.