PART ONE
GENERAL PART
CHAPTER TWO
SANCTIONS
Title Two
General Sentencing Guidelines
Section 34
Guidelines for Imposition of Penalties
(1) A penalty serves the purpose of protecting the society from the perpetrator of crime by preventing him from continuing to commit crime, and creating conditions for his re-education with a view to making him lead a regular life and, at the same time, discouraging other persons from committing crime; moreover, a penalty expresses moral condemnation of the offender by the society.
(2) An offender may be imposed only the type and degree of penalty that is provided for in this Act ; a Special Part of this Act sets out the sentencing guidelines governing exclusively a custodial sentence.
(3) A penalty is intended to punish only the offender, so as to minimise the impact on the offender's family and his close persons.
(4) A court determines the type and the degree of penalty in particular on the basis of the mode of the commission of crime and its consequence, culpability, motive, aggravating circumstances, mitigating circumstances, the person of the offender, his personal situation and rehabilitation potential.
(5) In determining the type and amount of punishment, the court shall consider
a) in the case of accomplices, also the extent, to which the actions performed by each of them have contributed to the commission of the criminal offence,
b) in the case of an organiser, a person who commissioned the criminal offence, an instigator, and an abettor, also the importance and character of their participation in the commission of the criminal offence,
c) with regard to the preparation for a felony and the attempted criminal offence, also the extent, to which the actions performed by the offender have brought the criminal offence nearer to its completion as well as the circumstances and reasons for its non-completion.
(6) The penalties referred to in Section 32 may be imposed separately or concurrently. The court shall have to impose a custodial sentence for every criminal offence which, according to the Special Part of this Act, carries a maximum custodial penalty of at least five years.
(7) The following penalties may not be imposed concurrently :
a) imprisonment and home arrest,
b) imprisonment and community service work,
c) pecuniary penalty and forfeiture of property,
d) forfeiture of a thing and forfeiture of property,
e) prohibition of residence and expulsion
(8) When the court delivers a life sentence, it may also decide not to grant the possibility of parole to the offender who
a) committed two or more particularly serious felonies,
b) met two or more parallel conditions warranting the application of a higher sentencing rate,
c) committed the criminal offence as a member of a criminal group or a terrorist group, or
d) was already punished for committing the criminal offence referred to in Section 47 paragraph 2.
Sentencing - national proceedings
Determination of sentence - national proceedings
EDIT.