BOOK I
GENERAL PART
TITLE III
JURIDICAL CONSEQUENCES OF THE ACT
CHAPTER IV
CHOICE AND DETERMINATION OF PENALTIES
SECTION I
GENERAL RULES
Article 72
Special mitigation of penalty
1- The court specially mitigates the penalty, apart from the cases expressly prescribed in the law, whenever there are circumstances previous or posterior to the crime, or contemporary to it, that diminishes the unlawfulness of the act, the guilt of the agent or the necessity of the penalty, in an accentuated manner.
2- For the purpose of the prescribed in the above number, the following circumstances will be considered, among others:
a) that the agent had acted under the influence of a serious threat, under the influence of someone he depends on, or to whom he owes obedience;
b) that the agent’s conduct had been determined by honourable motive, by strong solicitation or temptation from the victim himself, or unjust provocation or undeserved offence;
c) that there had been demonstrative acts of the agent’s sincere repentance, namely reparation of the damages up to where it had been possible for him;
d) that a long time had elapsed over the perpetration of the crime, the agent maintaining good conduct.
3- It may be taken into account only once the circumstance that, on its own or jointly with other circumstances, gives room simultaneously to a mitigation especially prescribed in the law and to the one prescribed under this article.
Article 73
Special mitigation terms
1- Whenever the special mitigation of the penalty takes place, the following occurs relatively to the limits of the applicable penalty:
a) The maximum limit of the imprisonment penalty is reduced by one third;
b) The minimum limit of the imprisonment penalty is reduced to one fifth if it is equal or superior to 3 years, and to the legal minimum if it is inferior;
c) The maximum limit of the fine penalty is reduced by one third and the minimum limit to the legal minimum;
d) If the maximum limit of the imprisonment penalty is not superior to 3 years, it may be replaced by a fine, inside the general limits.
2- The specially mitigated penalty that has been concretely fixed is susceptible of replacement in general terms, including suspension.
Mitigating factors - national proceedings
EDIT.