Legal Encyclopedia. Letter O

Circumstances extenuating

(Criminal law), -obstoyatelstva lowering degree of public danger of the act or the perpetrator of the person who accounted for the court in sentencing. By O. SN include:

1) the commission of a minor offense for the first time due to accidental coincidence of circumstances;

2) minority of the guilty, ie the person at the time of commission of the offense has not reached 16 years of age;

3) pregnancy;

4) the presence of young children from the perpetrator;

5) commission of a crime due to a confluence of difficult life circumstances or on motive of compassion;

6) commission of a crime as a result of physical or mental coercion or by virtue of material, service or other dependence; 7) the commission of crimes in violation of the conditions of the legitimacy of necessary defense, detention of persons who committed the crime, extreme need, justified risk, superior orders;

8) illegal or immoral behavior of the victim, which were the reason for the crime;

9) voluntary surrender, active assistance in solving the crime, exposure of other accomplices in the crime and search for property obtained by crime;

10) provision of medical and other assistance to the victim immediately after the commission of the offense, voluntary compensation for material and moral damages caused as a result of a crime, other acts aimed at reparation of the harm caused to the victim.

In imposing a sentence can be considered as mitigating and other circumstances. If the mitigating circumstance provided by appropriate article of the Special Part of the Criminal Code as a crime, it can not be re-considered in sentencing.