GENERAL PART
Chapter VIII
SPECIFYING PUNISHMENTS
Article 76. Mitigating Circumstances
(1) When determining a punishment, the following shall be considered as mitigating circumstances :
a) commission for the first time of a minor or a less serious crime ;
b) commission of a crime by a juvenile ;
c) commission of a crime due to difficult personal or family circumstances ;
d) commission of a crime by a person with limited mental capacity ;
e) prevention by the guilty person of prejudicial consequences of the crime committed, voluntary repair of the damage caused, or the elimination of the damage caused ;
f) self-denunciation, active contribution to solving the crime and to identifying the criminals, or admitting guilt ;
g) the illegality or immorality of the victim's actions if such were the reason for the crime ;
h) the commission of a crime as a result of physical or mental coercion that does not exclude the criminal nature of the act, or of financial or work dependence or other natural coercion ;
i) the commission of a crime by a person in a state of intoxication caused by the involuntary or forced consumption of substances mentioned in article 24, or by the consumption of these substances not being aware of their effects ;
j) the commission of a crime in excess of the legal limits of legitimate defense, capturing a criminal, a state of extreme necessity, reasonable risk or as a result of executing an order or command from a superior ;
k) the serious impact of the crime committed on its perpetrator or the heavy burden of the punishment applied to him/her due to his/her advanced age, health condition, or other circumstances ;
1) expiry at the moment of the commission of the crime of at least 2/3 of the criminal liability limitation period provided for this crime or excess of the reasonable timeframe for hearing the case, considering the nature of the act, provided that the delay was not caused by the perpetrator.
(2) The court may consider other circumstances not specified in par. (1) as mitigating circumstances.
(3) By determining the punishment, the court shall not consider as mitigating a circumstance defined by law as a constitutive element of the crime.
Sentencing - national proceedings
Determination of sentence - national proceedings
Mitigating factors - national proceedings
EDIT.