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.
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