Chapter 6 – Sentencing
Determining the sentence
Section 7 – Grounds mitigating the punishment
In addition to what is provided above in section 6, grounds mitigating the punishment that are also to be taken into consideration are
(1) another consequence to the perpetrator of the offence or of the sentence,
(2) the advanced age, poor health or other personal circumstances of the perpetrator, and
(3) a considerably long period that has passed since the commission of the offence,
if the punishment that accords with established practice would for these reason lead to an unreasonable or exceptionally detrimental result.
Section 8 – Mitigation of the penal latitude
(1) The sentence is determined in accordance with a mitigated penal latitude if
(1) the perpetrator has committed the offence under the age of 18 years,
(2) the offence has remained an attempt,
(3) the perpetrator is convicted as an abettor in an offence, through application of the provisions of chapter 5, section 6, or his or her complicity in the offence is otherwise clearly less than that of other accomplices,
(4) the offence has been committed in circumstances that closely resemble those that lead to the application of grounds for exemption from liability, or
(5) there are special reasons for this pursuant to section 6 or 7 or on other exceptional grounds, mentioned in the sentence.
(2) In determining the punishment pursuant to subsection 1, at most three fourths of the maximum sentence of imprisonment or fine and at least the minimum sentence provided for the offence may be imposed on the perpetrator. If the offence is punishable by life imprisonment, the maximum punishment is instead twelve years of imprisonment and the minimum punishment is two years of imprisonment.
(3) What is provided in subsection 2 also applies in determining the sentence for a person who committed an offence in a state of diminished responsibility. However, diminished responsibility does not affect the applicable maximum punishment.
(4) If the maximum punishment for the offence is imprisonment for a fixed period, the court may in cases referred to in this section impose a fine as the punishment instead of imprisonment, if there are especially weighty reasons for this.
Mitigating factors - national proceedings
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