First Book
General Provisions
Section Three
CHAPTER FIVE
Legal Excuses and Judicially Extenuating Conditions
Article 141
(1) Excuses either acquit from charges or extenuate them. Acquitting and extenuating excuses shall be made clear in the Law ; otherwise, judicially extinuating conditions are those instance where the crime is committed on the basis of honourable motives or that the criminal has acted because of unlawful incitement of the person against whom the crime has been committed, or that the court makes the inference from the conditions and circumstance of the crime and the criminal.
(2) The court must clearly describe in its verdict tho acquitting excuses.
Article 142
Acquitting excuses comprise the basis of restriction of criminal responsibility and hinders the ordering of principal, consequential and complementary punishments.
Article 143 :
(1) When extinuating excuses come into presence in a felony for which the punishment is death, the court can reduce it to continued imprisonment.
(2) If the punishment for the felony is continued imprisonment or long imprisonment, the court can reduce the continued imprisonment to long imprisonment and the long imprisonment to medium imprisonment.
Article 144 :
When extenuating excuses come into presence in misdemeanor, its punishment shall be reduced as follows :
(1) If the anticipated punishment has a minimum limit, the court in determining the punishment cannot be restricted by it.
(2) If the anticipated punishment, the court can order one of them.
(3) If no minimum punishment is fixed in the law, the court can order cash punishment.
Article 145 :
When the court in examination of a case finds out that the conditions and circumstances of crime and criminal in the committed felony require compassion, it can change the anticipated punishments of the felony as follows :
1. Death sentence to continued imprisonment or long imprisonment which should not be less than ten years.
2. Long imprisonment to medium or short imprisonment which should not be less than six months.
Article 146 :
When the court in examination of a case finds out that the conditions and circumstances of crime and criminal in the committed misdemeanor require compassion, it can apply the provisions of article 144 of this Law.
Article 147 :
In all cases where the court extinuate the punishment in accordance with the provisions of articles 143, 144, 145 and 146 of this Law, it is obliged to explain the excuses and circumstances, based on which the punishment has boon extenuated, in the reasons for its verdict.
Sentencing - national proceedings
Sentencing - national procedures for national proceedings
Determination of sentence - national proceedings
Mitigating factors - national proceedings
EDIT.