GENERAL PART
Chapter VIII
SPECIFYING PUNISHMENTS
Article 75. General Criteria for Specifying Punishment
(1) An equitable punishment within the limits set by the Special Part of this Code and in strict compliance with the provisions of the General Part of this Code shall be applied to a person found guilty of the commission of a crime. When determining the category and the term of punishment, the court shall take into consideration the seriousness of the crime committed, its motive, the personality of the guilty person, the circumstances of the case that mitigate or aggravate liability, the impact of the punishment on the rehabilitation and re-education of the guilty person, as well as the living conditions of his/her family.
(2) The more severe punishment among the alternatives provided for by law for the commission of a crime shall be applied only when a milder punishment among the specified ones cannot ensure the achievement of the purpose of the punishment.
(3) Punishment for a minor or less serious crime shall be applied to a juvenile when it is assessed that educational measures are not sufficient for that juvenile's rehabilitation .
Sentencing - national proceedings
Determination of sentence - national proceedings
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