''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, 2. Preparation and attempt of a crime,
Attempt, Article 19''
1) A person that intentionally starts the perpetration of a crime, but who does not
complete it,
shall be punished for an attempted crime for which according to the law a sentence
could be
pronounced of five years of imprisonment or a more severe punishment, and for the
attempt of some
other crime only when the law explicitly prescribes the punishment of an attempt.
2) The perpetrator shall be punished for an attempt within the limits of the punishment prescribed for the crime, and he may be punished more leniently.
''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, 3. Accessory in crime, Accessory,
Article 24''
(1) A person who with intent assists in the perpetration of a crime shall be
punished as if he had committed the crime himself, and he may be punished
more leniently.
''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, 3. Accessory in crime, Limits of criminal responsibility and possibility of punishing the accomplices, Article 25''
(3) punishable the preparation of a certain crime (article 8 paragraph 2).(3)
Personal relations, characteristics and circumstances because of which the law
excludes criminal responsibility, or it permits acquittal from punishment, a more
lenient or a more severe punishment, may be taken into consideration only for that
perpetrator, joint perpetrator, instigator or accessory where such relations,
characteristics and circumstances exist
''GENERAL PART, 3. PUNISHMENTS, Prohibition to Attend Sports Competitions, General rules to calculate punishment Article 39''
(2) Hereby, the court shall have in mind all the circumstances that have influence
upon decreasing or increasing the punishment (extenuating or aggravating
circumstances), and especially: the level of criminal responsibility, the motives for
the perpetrated crime, the extent of endangerment or damage to the protected
goods, the circumstances under which the crime was committed, the contribution of
the victim in the perpetration of the crime, the previous life of the perpetrator, his
personal circumstances and his behavior after the perpetrated crime, as well as
other circumstances that concern the personality of the
perpetrator.
''GENERAL PART, 3. PUNISHMENTS,Mitigation of punishment Article 40''
The court may determine a punishment for the perpetrator under the limit prescribed
by law or apply
a mitigated punishment in the following cases:
(1) when the law envisages that the perpetrator may be punished less severely;
(2) when it is established that there are especially mitigating conditions that show
that the
mitigated punishment too can reach the objective of the punishing or
3) while adopting a verdict based on an agreement between the public prosecutor
and the suspect.
Limits of mitigation of the punishment
Article 41
(1) When circumstances exist for the mitigation of the punishment from article 40,
the court
shall mitigate the punishment within these limits:
1) if the smallest prescribed measure of punishment for the crime is imprisonment
with a duration of ten years, the punishment may be mitigated to five years of
imprisonment;
2) If the smallest prescribed measure of the punishment for the crime shall be
imprisonment of eight years, the punishment may be mitigated to four years of
imprisonment;
3) if the smallest prescribed measure of punishment for the crime is imprisonment
with duration of five years, the punishment may be mitigated to three years of
imprisonment;
4. If the smallest prescribed measure of punishment for the crime is imprisonment
of four years, the punishment may be mitigated to two years of imprisonment;
5. if the smallest prescribed measure of punishment for the crime is imprisonment
with a duration of three years, the punishment may be mitigated to one year of
imprisonment;
6. if the smallest prescribed measure of punishment for the crime is imprisonment
with a duration of one year, the punishment may be mitigated to three months
of imprisonment;
7. if the smallest prescribed measure of punishment for the crime is imprisonment
of under one year, the punishment may be mitigated to 30 days of imprisonment;
8. if the prescribed punishment for the crime is imprisonment of up to three years,
with a designated smallest measure, a fine may be pronounced instead of the
punishment of imprisonment and9) if a fine is prescribed for the crime, with a
designated smallest measure, the punishment may be mitigated to the basic legal
minimum.
(2) In deciding the extent to mitigate the punishment according to the rules from
paragraph 1, the court shall especially have in mind the smallest and the
largest measure of punishment prescribed for the crime.
''Chapter 6-a, PUNISHMENT OF LEGAL ENTITIES, Article 96-h''
4) Deems that there are especially alleviating circumstances and that the aim of the
punishment may be achieved with a more lenient punishment.
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.