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. 47
1 The court determines the sentence according to the culpability of the offender. It takes account of the previous conduct and the personal circumstances of the offender as well as the effect that the sentence will have on his life.
2 Culpability is assessed according to the seriousness of the damage or danger to the legal interest concerned, the reprehensibility of the conduct, the offender's motives and aims, and the extent to which the offender, in view of the personal and external circumstances, could have avoided causing the danger or damage.
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.
Art. 49
1 If the offender, by committing one or more offences, has fulfilled the requirements for two or more penalties of the same form, the court shall impose the sentence for the most serious offence at an appropriately increased level. It may not, however, increase the maximum level of the sentence by more than half, and it is bound by the statutory maximum for that form of penalty.
2 If the court must pass sentence on an offence that the offender committed before he was sentenced for a different offence, it shall determine the supplementary penalty so that the offender is not more severely punished than he would have been had the sentences been imposed at the same time.
3 If the offender committed one or more offences before reaching the age of 18, the court shall determine the cumulative sentence in accordance with paragraphs 1 and 2 such that it is not more severe than it would have been had sentences been imposed separately.
Art. 50
Where a judgment must be justified, the court shall also specify the circumstances taken into account in determining the sentence and their weighting.
Art. 51
When determining the sentence, the court shall take account of any period in pre-trial detention that the offender has served in respect of the proceedings in question or any other proceedings. One day in detention corresponds to one daily penalty unit of a monetary penalty or four hours of community service.
Sentencing - national proceedings
Sentencing - national procedures for national proceedings
Determination of sentence - national proceedings
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