Russian Federation

The Criminal Code of the Russian Federation

General Part

Section III. Punishment

Chapter 10. Imposition of Punishment

Article 61. Circumstances Mitigating Punishment

1. The following circumstances shall be deemed to be mitigating circumstances:
• a) commission of a crime of small gravity in consequence of a coincidence of
circumstances;
b) age of minority of a guilty person;
c) pregnancy;
d) a guilty persons, responsibility for his infant children;
e) commission of crime in consequence of a coincidence of personal circumstance, or out of compassion;
f) commission of a crime as a result of physical or mental coercion, or by reason of material, official, or any other dependence;
g) commission of crime through a breach of the lawful conditions for necessary defence, the detention of a person who has perpetrated the crime, extreme necessity, justified risk, or the execution of orders or instructions;
h) the illegality or amorality of the victim's behavior, which served as a pretext for the crime;
i) the criminal's giving himself up, or actively assisting in the exposure of a crime, catching other accomplices in a lie, or searching for property stolen as a result of a crime;
j) rendering of medical or other aid to the victim after the commission of the crime, voluntary compensation for material loss and mental injury caused as a result of the crime, and other actions of effecting restitution of damage caused to the victim.

2. In imposing punishment, the court of law may take into consideration other mitigating circumstances not provided for by the first part of this Article.

3. If a mitigating circumstance is provided for by the corresponding Article of the Special Part of this Code as an element of another crime, then it in itself may not be considered for that second crime.


Article 62. Imposition of Punishment in the Presence of Mitigating Circumstances

In the presence of mitigating circumstances provided for by Items (i) or (j) of the first part of Article 61 of this Code, and in the absence of aggravating circumstances, the term and scope of punishment may not exceed three-fourths of the maximum term or scope of the strictest penalty envisaged by the relevant Article of the Special Part of this Code .

Keywords

Mitigating factors - national proceedings



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