GENERAL PART
TITLE THREE
PUNISHMENT
2. Fixing of punishment
General Rules for Fixing Punishment
Article 42
(1) The court shall fix the punishment for the perpetrator of a criminal offence within the statutory limits for that particular offence taking into account the purpose of punishment and giving due consideration to any circumstances which result in lighter or more severe punishment (mitigating and aggravating circumstances) as well as the following, in particular : degree of culpability, motives for the commission of offence, degree of peril or injury to the protected good, circumstances under which the offence was committed, perpetrator's history, his personal situation, his behaviour after the commission of criminal offence , particularly his attitude towards the victim of the criminal offence as well as any other circumstances concerning the perpetrator's personality.
(2) In fixing a fine the court shall give particular consideration to the perpetrator's financial situation.
(3) The circumstance which is an element of the criminal offence may not be additionally taken into consideration as either an aggravating or mitigating circumstance, except where it exceeds the measure required for establishing the criminal offence or a certain form of criminal offence, or where there are two or more such circumstances of which only one is sufficient for the establishment of a more serious or minor form of the criminal offence.
Sentencing - national proceedings
Determination of sentence - national proceedings
EDIT.