The General Part
Title III
Penalties
Chapter VI
Personalisation of penalties
Section 2
Legal and judicial aggravating and mitigating circumstances Legal mitigating circumstances
Effects of mitigating circumstances
Art.92 – (1) In case of mitigating circumstances the main penalty for natural persons shall be amended as follows :
• a) when, for the offence committed, the law provides life detention, severe detention shall be applied ;
b) when, for the offence committed, the law provides severe detention, strict imprisonment shall be applied ;
c) when, for the offence committed, the law provides strict imprisonment, the penalty of imprisonment or that of community service or the fine in the form of days/ fine shall be applied ;
d) when, for the offence committed, the law provides imprisonment, community service or fine in the form of days/fine shall be applied ;
e) when, for the offence committed, the law provides only the fine in the form of days/fine, the penalty from 5 to 20 days shall be applied.
(2) When there are mitigating circumstances, the complementary penalty of deprivation of rights, provided in the law for the offence committed, can be removed, and in the case of legal persons the complementary penalty of dissolution or suspension of the activity or of one of the activities of the legal entity cannot be applied.
(3) Lowering the penalty under the legal limits is compulsory for legal mitigating circumstances and optional in the other cases.
Mitigating factors - national proceedings
EDIT.