Circumstances mitigating punishment - it is the conditions under which mitigated the degree of guilt of the accused and is assigned a lesser penalty under the sanction of an article.Such circumstances include:
- first crime committed by the accused.Under this concept implies a combination of three factors - a minor offense;it has been committed for the first time;The act in question is produced as a result of random coincidence.
- accused is a minor.In this case, the accused can be applied as a preventive measure of corrective labor or educational measures.There should be considered a psychological condition and social status of a teenager.The legislator has the right to appoint the defendant punishment on all counts, or even remove the criminal liability.
- Pregnancy and having a baby.It also circumstances mitigating the punishment, as this protected the interests of the mother and child.The punishment may be mitigated or delayed for a period when the child reaches the age of fourteen.If the accused has children, it's also circumstances mitigating criminal liability.
- crime committed due to hard living conditions or out of compassion.Last - an innovation in the Criminal Code, supplementing the circumstances mitigating punishment.
- crime committed under the pressure of psychological or physical factors.The impetus for the commission of unlawful acts became the fear of violence or threat to the life of loved ones.
- Violation extent permissible defense.Wines of the accused in this case should be determined by the degree of risk that he prevented committing actions that exceed the standards of permissible self-defense.
- Illegal or immoral behavior of the victim, have pushed the accused to commit the crime.
- confess guilt, voluntary surrender and active assistance in solving the crime.These factors are the basis to consider them as circumstances mitigating punishment.
- victim assistance in respect of which has been committed the wrongful act.
The Criminal Code distinguishes mitigating and aggravating circumstances.The latter include:
- Relapse - iereoffending.
- grievous injuries the deed action.
- commission of a crime as part of a group of persons by prior conspiracy, and.
- Performing particularly active role in the commission of unlawful acts.
- crimes motivated by ethnic, racial or religious hatred.
- illegal activities against the defenseless people (pregnant women, young child, the elderly).
- Crimes against the person performing their professional duties, or his relatives.
- the acts committed with special cruelty or bullying.
- crime using any flammable, toxic, combat and explosives.
- Illegal acts committed in time of war or natural disaster.
- alcohol or drugs.
- crime committed by a person known to be entered into the credibility of the victim.
legislator is entitled to take into account any circumstances relating to the case.The verdict can be appealed within the deadline set by the court.
