Germany

Criminal Code (Strafgesetzbuch, StGB)

GENERAL PART

CHAPTER THREE
SANCTIONS

SECOND TITLE
SENTENCING

Section 49
Special mitigating circumstances established by law

(1) If the law requires or allows for mitigation under this provision, the following shall apply :

1. Imprisonment of not less than three years shall be substituted for imprisonment for life.
2. In cases of imprisonment for a fixed term, no more than three quarters of the statutory maximum term may be imposed. In case of a fine the same shall apply to the maximum number of daily units.
3. Any increased minimum statutory term of imprisonment shall be reduced as follows :
a minimum term of ten or five years, to two years ;
a minimum term of three or two years, to six months ;
a minimum term of one year, to three months;
in all other cases to the statutory minimum.

(2) If the court may in its discretion mitigate the sentence pursuant to a law which refers to this provision, it may reduce the sentence to the statutory minimum or impose a fine instead of imprisonment.

Section 50
Multiple mitigating circumstances

A circumstance which alone or together with other circumstances justifies the assumption of a mitigated offence under the provisions of the special part and which is also a special statutory mitigating circumstance for the purposes of section 49, may only be considered once.

Keywords

Sentencing - national proceedings
Determination of sentence - national proceedings
Mitigating factors - national proceedings



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