Part 1
GENERAL PART
Chapter 4
IMPOSITION OF PUNISHMENT
Division 1
Bases for Imposition of Punishments
§ 56. Basis for punishment
(1) Punishment shall be based on the guilt of the person. In imposition of a punishment, a court or an extra-judicial body shall take into consideration the mitigating and aggravating circumstances, the possibility to influence the offender not to commit offences in the future, and the interests of the protection of public order.
[ - entry into force 01.01.2004]
(2) Imprisonment may be imposed only on the condition that the aims of the punishment cannot be achieved by a less onerous punishment. If a section of the Special Part of this Code prescribes, in addition to imprisonment, less onerous punishments, the court in its judgment shall provide the reasons for the imposition of imprisonment.
§ 57. Mitigating circumstances
(1) Mitigating circumstances are :
1) prevention of harmful consequences of the offence, and provision of assistance to the victim immediately after the commission of the offence ;
2) voluntary compensation for damage ;
3) appearance for voluntary confession, sincere remorse, or active assistance in detection of the offence ;
4) commission of the offence due to a difficult personal situation ;
5) commission of the offence under threat or duress, or due to service, financial or family-related dependent relationship;
6) commission of the offence in a highly provoked state caused by unlawful behaviour ;
7) commission of the offence by a pregnant woman or a person in an advanced age ;
8) commission of the offence in excess of the limits of self-defence.
9) conciliation with the victim.
[ - entry into force 18.02.2007]
(2) Circumstances not specified in subsection (1) of this section may be taken into consideration in imposition of a punishment.
§ 58. Aggravating circumstances
Aggravating circumstances are :
1) self interest or other base motives ;
2) commission of the offence with peculiar cruelty, or degradation of the victim ;
3) commission of the offence knowingly against a person who is less than 18 years of age, pregnant, in an advanced age, in need of assistance or has a severe mental disorder ;
4) commission of the offence against a person who is in a service, financial or family-related dependent relationship with the offender ;
5) commission of the offence during a state of emergency or state of war ;
6) commission of the offence by taking advantage of a public accident or natural disaster ;
7) commission of the offence in a manner which is dangerous to the public ;
8) causing of serious consequences ;
9) commission of the offence in order to facilitate or conceal another offence ;
10) commission of the offence by a group ;
11) taking advantage of an official uniform or badge in order to facilitate commission of the offence.
§ 59. Prohibition to repeatedly consider mitigating or aggravating circumstances
The mitigating or aggravating circumstances provided for in §§ 57 and 58 of this Code shall not be considered in imposition of a punishment if they are described by law as the necessary elements of an offence.
§ 60. Mitigation of punishment in cases provided by law
(1) In the cases specified in the General Part of this Code, a court may mitigate the punishment of a person pursuant to the procedure provided for in subsections (2)–(4) of this section.
(2) The maximum rate of a mitigated punishment shall not exceed two-thirds of the maximum rate of the punishment provided by law.
(3) The minimum rate of a mitigated punishment shall be the minimum rate of the corresponding type of punishment provided for in the General Part of this Code.
(4) If the Special Part of this Code prescribes life imprisonment as a punishment for a criminal offence, an imprisonment for a term of not less than three years shall be imposed in mitigation of the punishment.
Determination of sentence - national proceedings
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