GENERAL PART
TITLE THREE
PUNISHMENT
2. Fixing of punishment
Mitigation of punishment
Article 45
The court may impose on a perpetrator a punishment below the limit laid down by law or a lighter punishment provided that :
1) a lighter punishment is provided for by law ;
2) remission of punishment is provided for by law, but the punishment does not get remitted by court ;
3) it is established that there were particularly mitigating circumstances and it is assessed that a mitigated punishment will be sufficient to achieve the purpose of punishment.
Limits of Mitigation of punishment
Article 46
(1) Where the requirements for mitigation of punishment referred to in Art.45 of this Code are met, the court shall impose a lighter punishment, subject to the following limits :
1) if the criminal offence carries a minimum prison term of five years or longer, the punishment may be mitigated up to two year prison term ;
2) if the criminal offence carries a minimum prison term of three years or longer, the punishment may be mitigated up to one year prison term ;
3) if the criminal offence carries a minimum prison term of two years, the punishment may be mitigated up to six month prison term ;
4) if the criminal offence carries a minimum prison term of one year, the punishment may be mitigated up to three month prison term;
5) if the criminal offence carries a minimum prison term under one year, the punishment may be mitigated up to thirty day prison term ;
6) if the criminal offence carries a prison term for which minimum term is not specified, the punishment may be replaced by a fine ;
7) if the criminal offence carries a fine for which the lowest amount is specified, the punishment may be mitigated to six hundred euro.
(2) When the court is authorized to remit punishment to a perpetrator, the punishment may be mitigated without taking into consideration the limits prescribed for mitigation.
Sentencing - national proceedings
Determination of sentence - national proceedings
Mitigating factors - national proceedings
EDIT.