General Part
Chapter V
Determination of Punishment
Section 47. Mitigating Circumstances
(1) The following circumstances shall be considered as circumstances mitigating the liability :
1) the perpetrator of the criminal offence has admitted his or her guilt, has freely confessed and has regretted the offence committed ;
2) the offender has actively furthered the disclosure and investigation of the criminal offence ;
3) the offender has voluntarily compensated the harm caused by the criminal offence to the victim or has eliminated the harm caused ;
4) the offender has facilitated the disclosure of a crime of another person ;
5) the criminal offence was committed as a result of unlawful or immoral behaviour of the victim ;
6) the criminal offence was committed exceeding the conditions regarding the necessary self-defence, extreme necessity, detention of the person committing the criminal offence, justifiable professional risk, the legality of the execution of a command and order ;
7) the criminal offence was committed by a person in a state of diminished mental capacity.
(2) In determining a punishment, circumstances which are not provided for in this Law and which are related to the criminal offence committed, may be considered as circumstances mitigating the liability.
(3) A circumstance, which is provided for in this Law as a constituent element of a criminal offence, may not be considered to be a mitigating circumstance.
Mitigating factors - national proceedings
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