General Part

Section 2.

Crime.

Chapter 4.

Persons subject to criminal liability.

Article 26. Limited sanity.

1. A sane person who, due to mental disorder, when committing the crime could not entirely understand the actual nature of one’s action (inaction) and its social danger, or control one’s actions, is subject to criminal liability.

2. Limited sanity is taken into account as a mitigating circumstance when imposing the punishment and can become the ground for the enforcement of medical measures, parallel to the punishment.

General Part

Section 3.

Punishment.

Chapter 10.

Assignment of punishment.

Article 62. Circumstances mitigating liability and punishment.

1. Circumstances mitigating liability and punishment are as follows:
1) committal of a not grave and medium-gravity crime, for the first time, by coincidental circumstances;
2) being under age at the moment of committal of the crime;
3) being pregnant when committing the crime or when assigning the punishment;
4) caring for a child under 14 years of age at the moment when assigning the punishment;
5) committal of crime as a result of hard living conditions or out of compassion;
6) committal of crime due to breach of proportionality of necessary defense, capturing a perpetrator, urgent necessity, justified risk or carrying out orders or instructions;
7) illegal or immoral behavior of the aggrieved which determined the crime;
8) committal of the crime under threat or enforcement, or under financial, service or other dependence;
9) surrender, assistance in solving the crime, exposing other participants of the crime, in searching the illegally acquired property;
10) offering medical or other assistance to the aggrieved immediately after the crime, voluntary compensation for the property and moral damage inflicted by the crime, or other actions aimed at the mitigation of the damage inflicted to the aggrieved.

2. When assigning a punishment, other circumstances, not mentioned in part 1 of this Article can be taken into account as mitigating ones.

3. If a circumstance mentioned in part 1 of this Article, is envisaged in the appropriate article of the Special Part of this Code as an element of a crime, then it can not be repeatedly taken into account as a circumstance mitigating the liability and the punishment.

General Part

Section 3.

Punishment.

Chapter 10.

Assignment of punishment.

Article 64. Assignment of a milder punishment than envisaged by law.

1. If there are exceptional circumstances concerned with the motives of the crime and its purpose, the role of the perpetrator, and his behavior when committing the crime and thereafter, which essentially reduce the extent of danger of the crime for the society, as well as, if a member of the group crime actively assists in solving the crime, a softer punishment can be assigned than the minimal envisaged punishment in the appropriate article of the Special Part of this Code, or a softer type of punishment, than envisaged in that article, or no compulsory supplementary punishment may be applied.

2. Individual mitigating circumstances as well as a combination of such circumstances can be considered exceptional.

General Part

Section 4.

Exemption from criminal liability and punishment.

Chapter 11.

Exemption from criminal liability

Article 72. Exemption from criminal liability in case of repentance.

1. The person who committed for the first time a not grave or medium-gravity crime can be exempted from criminal liability, if he, after the committal of the crime, surrendered, assisted in solving the crime of his own accord, compensated or mitigated the inflicted damage in some other way.

2. The person who committed another type of crime, in case of the circumstances mentioned in the first part of this Article, can be exempted from criminal liability only in cases especially envisaged in the article of the Special Part of this Code.

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.

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).