GENERAL PART
Chapter Four
PENALTIES
2. Determination of Sentence
Mitigation of Penalty
Article 56
The court may pronounce to a perpetrator of a criminal offence a penalty which is under statutory limits or a mitigated penalty, if :
1) mitigation of penalty is provided by law ;
2) the law provides for remittance from punishment of the offender and the court decides otherwise ;
3) the court finds that particularly mitigating circumstances exist and determines that the purpose of punishment may be achieved by a mitigated penalty.
Limits of mitigation
Article 57
When requirements for mitigation of penalty specified in Article 56 hereof are met, the court shall mitigate the penalty within the following limits :
1) if a minimum statutory penalty for a criminal offence is a term of imprisonment of ten years or more, the sentence may be reduced to no less than seven years’ imprisonment;
2) if the lowest statutory penalty for the criminal offence is imprisonment of five years, the sentence may be reduced to three years imprisonment ;
3) if the lowest statutory penalty for the criminal offence is imprisonment of three years, the sentence may be reduced to one-year imprisonment ;
4) if the lowest statutory penalty for the criminal offence is imprisonment of two years, the sentence may be reduced to six-month imprisonment ;
5) if the lowest statutory penalty for the criminal offence is imprisonment up to one year, the sentence may be reduced to three months ;
6) if the lowest statutory penalty for the criminal offence is imprisonment under one year, the sentence may be reduced to thirty -day imprisonment ;
7) if the statutory penalty for the criminal offence does not specify minimum sentence, imprisonmentmay be replaced by fine or community service ;
8) if the statutory penalty for the criminal offence is a fine with specified lowest amount, the fine may be reduced to ten daily amounts and/or ten thousand dinars.
Notwithstanding paragraph 1 hereof, a penalty may not be mitigated for criminal offences specified in Articles 134 paras 2 and 3, 178, 179, 180, 214 paras 2 and 3, 246 paras 1 and 3, 350 paras 3 and 4 and 388 hereof.
(3) Notwithstanding paragraph 1 hereof, a penalty imposed on an offender who has previously been convicted of same kind/type offence may not be mitigated.
(4) When the court has powers of remittance from punishment, it may reduce the penalty without limitations stipulated in paras 1 and 3 of this Article.
Determination of sentence - national proceedings
Mitigating factors - national proceedings
EDIT.