circumstances mitigating and aggravating the punishment prescribed in the Criminal Code.The significance of their large.Since in some cases it is their presence or absence depends on the fate of the accused.
Certain factors may affect not only the criminal sentence.Also, there are circumstances mitigating administrative responsibility (in the circumstances of this case may be aggravated).
attributed to them can be:
- pregnancy;
- difficult life circumstances;
- a minority;
- the presence of physical or mental pressure;
- official relationship;
- young children in the custody;
- violation of the limits of extreme necessity, of self-defense, justified risk, and so on;
- immoral or unlawful conduct of the victim;
- to contribute to the investigation, giving oneself;
- the provision of care to the victim, delivering it to the hospital.
This list is not exhaustive.For this reason, the court may take into account any other extenuating circumstances.Generally such circumstances the law refers to the grounds of a crime.This means that they can not again be taken into account when sentencing.
such mitigating circumstances as voluntary surrender, as well as providing first aid to the victim in the absence of aggravating circumstances indicate that the defendant could be sentenced to a maximum of two-thirds of the alleged crime for the period.
described is not the case when it comes to the death penalty or life imprisonment is.
person deemed to have committed a crime for the first time in the case before this case they did not commit any other crimes.It is also taken into account in cases where the statute of limitations for criminal liability had expired, the conviction is removed, and so on.
minor in this case, the person who is at the time of commission of the offense has not reached eighteen years of age, but has already turned fourteen.It is believed that the mentality of this age still forming.This means that a minor is difficult to regard the situation adequately.
Mitigating circumstances include, and pregnancy.It is a sign of the manifestation of humanism in the criminal law.Due care is not only about the health of the woman herself, but also for the health of her unborn child.
Mitigating circumstances include the presence of young children.We are talking about children who have not attained the age of fourteen.
crimes committed because of difficult life circumstances is also considered more gently.We are talking about a complex family situation, illness, bad housing and material conditions.In life, it may happen that the crime is the only way to correct the situation: there is nothing to feed the children, there is no money to pay the rent and so on.
Mental and physical coercion as extenuating.Under certain circumstances, and that, and another can be considered as circumstances excluding guilt.This is possible only if able to prove that the accused could not do otherwise.
immorality and illegality of the victim's behavior is also included in extenuating circumstances.Under the wrongfulness mean any violation of the law.The essence of immorality is in violation of the rules of etiquette, rudeness, failure to comply with the norms of morality.
Under the turnout of guilt is a voluntary confession to the crime, to assist in finding the search for partners and so on.Turnout is not recognized as a voluntary in cases where the search began.
