GENERAL PART
Chapter VI. Principles of the imposition of penalty and penal means
Article 60. §1. The court may apply an extraordinary mitigation of the penalty in the cases
specified by law, as well as with respect to a juvenile if this is justified by objectives described in Article
54 § 1.
§ 2. The court may also apply an extraordinary mitigation of the penalty in particularly justified
cases when even the lowest penalty stipulated for the offence in question would be incommensurate, and particularly :
1) if the injured person and the perpetrator have been reconciled, the damage incurred has
been repaired, or the injured person and the perpetrator have agreed as to the manner of
reparation for the damage,
2) taking into consideration the attitude of the perpetrator, particularly if he attempted to
repair the damage or prevent the damage from occurring,
3) if a perpetrator of an unintentional offence or someone close to him has suffered a major
detriment in connection with the offence committed.
§ 3. The court shall be applied an extraordinary mitigation of the penalty or may even
conditionally suspend the execution of the penalty, with respect to a perpetrator who, co-operating with
others in the commission of an offence, reveals information pertaining to the persons involved therein or essential circumstances thereof, to the agency responsible for its prosecution.
§ 4. Upon a motion from the state prosecutor, the court may apply an extraordinary mitigation of
the penalty or even conditionally suspend the execution of the penalty with respect to a perpetrator, who, irrespective of any explanation provided in his case, revealed and presented to the agency responsible for prosecution, essential circumstances, not previously known to that agency, of an offence subject to a penalty exceeding 5 years deprivation of liberty.
§ 5. In the cases referred to in § 3 and 4, the court, in imposing the penalty of deprivation of
liberty for up to 5 years, may conditionally suspend the execution of the penalty for a probation period of up to 10 years, if it recognises that, in spite of not serving the penalty, the perpetrator would not commit the offence again ; the provisions of Articles 71 through 76 shall be applied accordingly.
§ 6. The extraordinary mitigation of a penalty shall consist in the imposition of a penalty below
the lower statutory level, or the imposition of a penalty of lesser severity, in accordance with the following principles :
1) if the act in question constitutes a crime, the court shall impose a penalty of not less
than one-third of the lower statutory level ;
2) if the act in question constitutes a misdemeanour, and the lower statutory level of the
penalty is not less than one year's deprivation of liberty, the court shall impose either a fine, the penalty of restriction of liberty or deprivation of liberty ;
3) if the act in question constitutes a misdemeanour, and the lower statutory level of penalty
is less than one year's deprivation of liberty, the court shall impose either a fine or the
penalty of restriction of liberty.
§ 7. If the act in question is subject, alternatively, to the penalties specified in Article 32 sections
1 through 3, the extraordinary mitigation of a penalty shall consist in renouncing the imposition of the
penalty, and the imposition of a penal measure as specified in Article 39 sections 2 through 8 ; the
provision of Article 61 § 2 shall not be applied.
Mitigating factors - national proceedings
EDIT.