BOOK I
GENERAL PART
TITLE III
CIRCUMSTANCES
SINGLE CHAPTER
GENERAL RULES
Article 55. General mitigating circumstances
1. Any circumstances that preceded, accompanied or occurred after commission of the crime and that reflect favorably on the perpetrator are considered general mitigating circumstances of the liability of the same.
2. General mitigating circumstances may include, inter alia, the following :
a) The causes of exclusion referred to in the previous chapter, whenever not all of the requirements provided are met for the cause for exclusion to produce effect.
b) The perpetrator acts in consequence of incidents that cause violent emotion, obsession or other emotional state of a similar passion, or reacts to provocation by means of an immediate act.
c) The perpetrator appears before the authorities voluntarily, before knowing of the existence of a criminal proceeding against him or her.
d) The perpetrator spontaneously confesses having committed the crime or decisively contributes to ascertaining the circumstances in which the criminal act occurred.
e) Presence of acts demonstrating sincere repentance of the perpetrator;
f) Low intensity of intent or negligence.
g) Reconciliation between victim and perpetrator.
Article 56. Extraordinarily mitigating circumstances
1. Apart from the cases expressly provided in the law, the penalty provided in the definition of the crime is extraordinarily mitigated, whenever any circumstances have arisen prior to, concurrently with or after commission of the crime that, jointly or individually, reduce, to a large extent, the unlawfulness of the perpetrator's conduct, guilt or need for penalty.
2. The following circumstances may, among others, be considered for the purpose of the previous subarticle :
a) The perpetrator's actions were influenced by a serious threat or orders from another person on whom the perpetrator is dependant or to whom obedience is due ;
b) The perpetrator's conduct was prompted by an honorable reason, by a strong solicitation or temptation from the victim him or herself or by unjust provocation or unwarranted offense ;
c) The perpetrator makes reparation of damage caused or diminishes its effects, at any time in the proceeding but before the date of the first trial hearing ;
d) The perpetrator has maintained good conduct long after the crime was committed ;
e) The perpetrator has a noticeably diminished criminal liability.
Article 57. Degrees of extraordinarily mitigating circumstances
1. Whenever special mitigation of the penalty occurs, it does so relatively to the limits of the applicable penalty :
a) The maximum limit of the penalty of imprisonment shall be reduced by one third ;
b) If the minimum limit of imprisonment is equal to or greater than three years, said limit shall be reduced to one-fifth and, to the minimum established by law if the minimum limit of imprisonment less than three years ;
c) The maximum limit of the penalty of fine shall be reduced by one third and the minimum limit reduced to the legal minimum ;
d) If the maximum limit of the penalty of imprisonment does not exceed 3 years, the penalty of imprisonment may be replaced by a penalty of fine within general limits.
2. An extraordinarily mitigated penalty that was specifically set may generally be replaced or even suspended.
Mitigating factors - national proceedings
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