GENERAL PART
Aim of the Criminal Code

Chapter V
Infliction of Punishment

The Mitigation of Punishment

Section 87

(1) A principal punishment more lenient than the item of the punishment may be inflicted, if its lowest measure is too rigourous with respect to the provisions of Section 83.

(2) Within the meaning of Subsection (1), if the sentence to be imposed for a criminal act is

a) ten years of imprisonment, it may be reduced to a minimum of five years of imprisonment ;
b) five years of imprisonment, it may be reduced to a minimum of two years of imprisonment ;
c) two years of imprisonment, it may reduced to a minimum of one year of imprisonment ;
d) one year of imprisonment, it may reduced to a lesser term or community service, or a fine if the above sentence is deemed excessive in view of the personal circumstances of the perpetrator warranting special consideration ;
e) less than one year of imprisonment, it may be reduced to community service or a fine.

(3) In respect of an attempted criminal act or aiding and abetting a criminal act, if the sentence to be imposed under Paragraphs a)-d) of Subsection (2) remains overly severe, the next sentencing category of Subsection (2) shall be applied.

(4) If the Act allows unlimited mitigation, the smallest measure of any type of punishment may be inflicted.