Lithuania

Criminal Code of the Republic of Lithuania

GENERAL PROVISIONS

CHAPTER VIII
IMPOSITION OF A PENALTY

Article 54. Basic Principles of Imposition of a Penalty

1. A court shall impose a penalty according to the sanction of an article of the Special Part of this Code providing for liability for a committed criminal act and in compliance with provisions of the General Part of this Code.

2. When imposing a penalty, a court shall take into consideration :

1) the degree of dangerousness of a committed criminal act ;
2) the form and type of guilt ;
3) the motives and objectives of the committed criminal act ;
4) the stage of the criminal act ;
5) the personality of the offender ;
6) the form and type of participation of the person as an accomplice in the commission of the criminal act ;
7) mitigating and aggravating circumstances.

3. Where imposition of the penalty provided for in the sanction of an article is evidently in contravention to the principle of justice, a court may, taking into consideration the purpose of the penalty, impose a commuted penalty subject to a reasoned decision.

Keywords

Sentencing - national proceedings
Determination of sentence - national proceedings



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