Book One: 4 General Provisions
Part One: Felonies and Misdemeanours Title One: Scope of Application
Title Three : Sentences and Measures
Chapter One : Sentences
Section Three: Determination of the Sentence
Art. 48
The court shall reduce the sentence if :
a. the offender acted :
1. for honourable motives,
2. while in serious distress,
3. while of the view that he was under serious threat,
4. at the behest of a person whom he was duty bound to obey or on whom he was dependent ;
b. the offender was seriously provoked by the conduct of the person suffering injury ;
c. the offender acted in a state of extreme emotion that was excusable in the circumstances or while under serious psychological stress ;
d. the offender has shown genuine remorse, and in particular has made reparation for the injury, damage or loss caused, insofar as this may reasonably be expected of him ;
e. the need for punishment has been substantially reduced due to the time that has elapsed since the offence and the offender has been of good conduct in this period.
Art. 48a
1 If the court chooses to reduce the sentence, it is not bound by the minimum penalty that the offence carries.
2 The court may impose a different form of penalty from that which the offence carries, but remains bound by the statutory maximum and minimum levels for that form of penalty.
Mitigating factors - national proceedings
EDIT.