Circumstances that mitigate punishment and their classification

Circumstances that mitigate punishment are the conditions under which the degree of guilt of the accused is mitigated and less severe punishment is imposed within the framework of the sanction of the article.

Such circumstances include:

• First offense committed by the accused. Under this concept is meant a combination of three factors - a committed crime of small gravity; it is committed for the first time; this act was made due to an accidental confluence of circumstances.
• The accused did not come of age. In this case, the defendant may be subject to preventive measures in the form of corrective labor or educational measures. Here, the psychological condition and social status of the adolescent should be taken into account. The lawmaker has the right to assign to the accused the punishment not in all respects, or in general to remove the criminal liability.
• Pregnancy and the presence of an infant. These are also circumstances that mitigate punishment, since the interests of the mother and the child are protected at the same time. Punishment can be relaxed or delayed for a period when the child reaches the age of fourteen. If the accused has children, these are also circumstances that mitigate criminal liability.
• A crime committed because of difficult living conditions or because of compassion. The latter is an innovation in the criminal code, supplementing circumstances that mitigate punishment.
• A crime committed under the pressure of psychological or physical factors. The impetus to commit unlawful actions was the fear of life threatening or massacre of close people.
• Violation of the acceptable degree of defense. The guilt of the accused in this case should be determined by the degree of risk that he prevented by performing actions that exceed the standards of permissible self-defense.
• Inadmissible or immoral behavior of the victim, which pushed the accused to commit a crime.
• Recognition of their guilt, turnout with guilt and active help in the disclosure of the crime. These factors are the basis for considering them for circumstances that mitigate punishment.
• Assistance to the victim in respect of whom the wrongful act was committed.

The Criminal Code distinguishes mitigating and aggravating circumstances. The latter include:

• Relapse - i.e. repetition of the commission of a crime.
• Dealing with serious injuries.
• Committing a crime as part of a group of persons and by prior conspiracy.
• Execution of a particularly active role in the commission of unlawful acts.
• Crimes motivated by interethnic, racial or religious hatred.
• Committing illegal actions against a defenseless person (pregnant woman, young child, elderly people).
• Crimes against a person who performs his professional duty, or his relatives.
• Performing an action with particular cruelty or bullying.
• Crime with the use of any combustible, poisonous, combat and explosive substances.
• Illegal actions are committed during a war or a natural disaster.
• Alcoholic or narcotic intoxication.
• A crime committed by a person who is known to have come to trust the victim.

The legislator has the right to take into account any circumstances that relate to the case in question. The verdict can be appealed in the terms established by the court.

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