The General Part
Title III
Penalties
Chapter VI
Personalisation of penalties
Section 2
Legal and judicial aggravating and mitigating circumstances Legal mitigating circumstances
Art.88 – The following situations shall be legal mitigating circumstances :
• a) commission of the offence during powerful confusion or emotion, determined by a
challenge of the person injured, caused either by violence, by a serious infringement of the person’s dignity or by other serious illicit actions ;
b) exceeding the limits of legitimate defense or state of necessity ;
c) commission of the act with a motive or a purpose that emphasizes the low degree of danger represented by the person of the perpetrator ;
d) if by a minimum infringement of one of the values defended by the law and by its concrete contents the act has a low degree of seriousness.
Mitigating factors - national proceedings
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