Slovakia

Criminal Code

PART ONE
GENERAL PART

CHAPTER TWO
SANCTIONS

Title Two
General Sentencing Guidelines

Mitigating and aggravating circumstances

Section 36

A mitigating circumstances shall be as follows :

a) the offender has committed the criminal offence in a state of justified emotional distress,
b) the offender has committed the criminal offence because of the lack of knowledge or experience,
c) the offender has committed the criminal offence due to the consequences of an illness,
d) the offender has committed the criminal offence at an age close to that of juveniles or as an elderly person, if this fact had an influence on his mental or volitional ability,
e) the offender has committed the criminal offence under the pressure of dependency or subordination,
f) the offender has committed the criminal offence under threat or duress,
g) the offender has committed the criminal offence due to an emergency that he did not bring about himself,
h) the offender has committed the criminal offence under the influence of a stressful personal or family situation, which he did not cause himself,
i) the offender has committed the criminal offence trying to avert an attack or other danger, or acting under the circumstances which, subject to the fulfilment of other conditions, exclude criminal liability without, however, fully meeting the requirements of necessary self-defence, extreme necessity, exercising the rights or performing the duties or the consent of the injured party, authorised use of a weapon, permissible risk, or acting as an agent,
j) the offender had led a regular life before he committed the criminal offence,
k) the offender contributed to the elimination of adverse effects of the criminal offence, or voluntarily offered compensation for inflicted damage,
l) the offender confessed to having committed the criminal offence, and showed signs of effective repentance,
m) the offender reported his criminal offence to the competent authorities,
n) the offender co-operated with the competent bodies in the investigation of his criminal activities, or
o) the offender contributed to identifying or convicting an organised group, a criminal group, or a terrorist group.

Keywords

Sentencing - national proceedings
Determination of sentence - national proceedings
Mitigating factors - national proceedings



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