GENERAL PROVISIONS
CHAPTER VIII
IMPOSITION OF A PENALTY
Article 59. Mitigating Circumstances
1. The following shall be considered as mitigating circumstances :
1) the offender has provided assistance to the victim or otherwise actively avoided or attempted to avoid more serious consequences ;
2) the offender has confessed to commission of an act provided for by a criminal law and sincerely regrets or has assisted in the detection of this act or identification of the persons who participated therein ;
3) the offender has voluntarily compensated for or eliminated the damage incurred ;
4) the criminal act has been committed due to a very difficult financial condition or desperate situation of the offender ;
5) the act has been committed as a result of mental or physical coercion, where such a coercion does not eliminate criminal liability ;
6) the commission of the act has been influenced by a provoking or venturesome behaviour of the victim ;
7) the act has been committed at the request of the victim, who is in a desperate situation ;
8) the act has been committed in violation of conditions of arrest of a person who has committed the criminal act, direct necessity, discharge of professional duty or performance of an assignment of law enforcement institutions, conditions of industrial or economic risk or lawfulness of a scientific experiment ;
9) the act has been committed by exceeding the limits of self-defence, where a criminal law provides for liability for exceeding the limits of self-defence ;
10) the act has been committed in a state of extreme agitation caused by unlawful actions of the victim ;
11) the act has been committed by a person of diminished legal capacity ;
12) the act has been committed by a person intoxicated by alcohol or drugs against his will ;
13) a voluntary attempt to renounce commission of the criminal act has been unsuccessful.
2. A court may also recognise as mitigating other circumstances which have not been indicated in paragraph 1 of this Article.
3. When imposing a penalty, a court shall not take into consideration a mitigating circumstance which is provided for in a law as constituting the body of a crime.
Sentencing - national proceedings
Determination of sentence - national proceedings
Mitigating factors - national proceedings
EDIT.