PART ONE GENERAL
CHAPTER II CRIMINAL LIABILITY
Division 2 Culpability

Section 17 Culpability with Especially Aggravating Circumstances
Circumstances that condition application of a more severe sentence shall be taken into consideration,
a) if a more severe consequence is concerned, even if the offender caused it out of negligence, except for cases when the Criminal Code requires intentional culpability, or
b) if another fact is concerned, even if the offender was unaware of such a fact, although he/she could and should have been aware of it considering the circumstances and the personal relations, except for cases when criminal law requires that the offender was aware of such fact.

PART ONE GENERAL
CHAPTER V CRIMINAL PENALTIES
Division 2 Punishments
Sub-Division 1 General Principles Applying to Imposition of Punishments

Section 39 Determination of the Type and Extent of Punishment
(1) When determining the type and extent of the punishment, the court shall take into account the nature and seriousness of the criminal offence committed, of the personal, family,
property and other relations of the offender and his/her previous way of life and the possibility of his/her personal reform; furthermore, the offender’s behaviour after the act shall also be taken into account, in particular their efforts to compensate any damage or mitigate any other detrimental effects of the act, and where the offender has been designated as a co-operating accused; moreover shall be taken into consideration the extent to which the offender has contributed to the clarification of ana especially serious felony committed by members of an organised group, in connection with an organised group or in favour of an organised criminal group, or to what extent he/she has helped to prevent an attempted or completed criminal offence as described above. The court shall also take account of the effects and consequences that may be expected from the punishment in terms of the offender’s future life.
(2) The nature and seriousness of a criminal offence is particularly determined by the importance of the protected interest affected by the act, by the method in which the act was committed and its consequences, the circumstances under which the act was committed, and by the offender him-/herself, the extent of his/her culpability fault and motives, intentions or objectives.
(3) When determining the type and extent of the punishment, the court shall take into account any mitigating and aggravating circumstances ( Section 41 and 42), the time that has lapsed since the criminal offence was committed, any change in the situation, and the length of criminal proceeding should it take a disproportionately long time. When assessing the proportionality of the length of a criminal proceeding, the court shall take into account the complexity of the case, the actions taken by the authorities involved in criminal proceedings, the importance of the criminal proceeding for the offender and his/her conduct as a result of which they may have contributed to delaying the criminal proceeding.
(4) A circumstance constituting a statutory characteristic of a criminal offence, including such circumstances that conditions imposition of a more severe punishment, cannot be regarded as a mitigating or aggravating circumstance. A circumstance justifying an extraordinary reduction of the extent of a sentence of imprisonment cannot be taken into account as a mitigating circumstance.
(5) An aggravating circumstance shall be taken into consideration
a) where a more serious consequence is considered, including where the offender caused
it out of negligence, except for cases in which the criminal law also requires
intentional culpability,
b) where another fact is involved, including such facts which the offender did not know
of, even though given the circumstances and his personal situation, he should or could have known about it, except when the Criminal Code requires the offender’s knowledge of such a fact.
(6) When determining the type of punishment and its extent, the court shall take into consideration
a) in the case of accomplices, the degree to which the activity of each accomplice contributed to the commission of the offence,
b) in the case of an organizer, instigator or assistant , the significance and nature of their participation in the commission of the offence,
c) in the case of preparation of an especially serious felony or an attempted offence, how close the offender’s activity came to completing the offence, as well as the circumstances and grounds on which the crime was not completed.
(7) When determining the type of punishment and its extent, the court shall consider whether an offender acquired or attempted to acquire material profit; if it is possible with regard to offender's property and personal situation, the court shall consider the amount of the material profit and impose as an aggregate sentence or in addition to another sentence some of the punishments that is to affect offender's property (Section 66 – 72).

PART ONE GENERAL
CHAPTER V CRIMINAL PENALTIES
Division 2 Punishments
Sub-Division 1 General Principles Applying to Imposition of Punishments

Section 42 Aggravating Circumstances
The Court may consider following circumstances as aggravating, particularly when the offender:
a) committed the criminal offence with premeditation or after previous deliberation,
b) committed the criminal offence out of greed, for revenge, due to hatred relating to nationality, ethnic, racial, religious, class or another similar hatred or out of another
particularly condemnable motive,
c) committed the criminal offence in a brutal or agonizing manner, insidiously, with
special deceit or in a similar manner,
d) committed the criminal offence by exploiting another person’s distress, duress,
vulnerability, dependence or subordination,
e) breached a special duty by the criminal offence,
f) abused his occupation, position or function when committing the criminal offence,
g) committed the criminal offence against a person participating in saving life and health
or in protection of property,
h) committed the criminal offence to the harm of a child, close person, person pregnant,
ill, disabled, of high age or impuissant,
i) led another person, especially a child under the age of fifteen, a juvenile or a person of
an age close to the legal age of juveniles, to commit an act otherwise criminal, into
misconduct or to commit a criminal offence,
j) committed the criminal offence during an emergency situation, natural disaster or
another event seriously threatening life, public order or property, or at the territory
where evacuation is in progress or has been carried out,
k) caused higher damage or another larger harmful effect by the criminal offence,
l) acquired higher profit by the criminal offence,
m)committed the criminal offence in a larger extent, on more things or more persons, was
committing the criminal offence or continued in its commitment for a longer time,
n) committed more criminal offences,
o) committed the criminal offence as an organizer, a member of an organized group or a
member of a conspiracy, or
p) had already been sentenced for a criminal offence; the court is authorized not to
consider such a fact as an aggravating circumstance according to the nature of the previous conviction, particularly in respect of the significance of a protected interest affected by such an act, the manner of commission of such an act and its consequences, the circumstances under which it was committed, the offender’s personality, the extent of his culpability, his motives and the period which has passed since his last conviction; concerning an offender of the criminal offence committed in a state induced by a mental disorder, or an offender who indulges in abuse of an addictive substance and has committed the criminal offence under its influence or in connection with its abuse, also when he/she commenced treatment or took other necessary measures for its commencement.

PART ONE
GENERAL PART

CHAPTER V
CRIMINAL PENALTIES

Division 2
Punishments

Sub-Division 1
General Principles Applying to Imposition of Punishments

Section 39 Determination of the Type and Extent of Punishment
(3) When determining the type and extent of the punishment, the court shall take into account any mitigating and aggravating circumstances (Section 41 and 42), the time that has lapsed since the criminal offence was committed, any change in the situation, and the length of criminal proceeding should it take a disproportionately long time. When assessing the proportionality of the length of a criminal proceeding, the court shall take into account the complexity of the case, the actions taken by the authorities involved in criminal proceedings, the importance of the criminal proceeding for the offender and his/her conduct as a result of which they may have contributed to delaying the criminal proceeding.
(4) A circumstance constituting a statutory characteristic of a criminal offence, including such circumstances that conditions imposition of a more severe punishment, cannot be regarded as a mitigating or aggravating circumstance. A circumstance justifying an extraordinary reduction of the extent of a sentence of imprisonment cannot be taken into account as a mitigating circumstance.
(5) An aggravating circumstance shall be taken into consideration
a) where a more serious consequence is considered, including where the offender caused
it out of negligence, except for cases in which the criminal law also requires
intentional culpability,
b) where another fact is involved, including such facts which the offender did not know
of, even though given the circumstances and his personal situation, he should or could have known about it, except when the Criminal Code requires the offender’s knowledge of such a fact.

PART ONE
GENERAL PART

CHAPTER V
CRIMINAL PENALTIES

Division 2
Punishments

Sub-Division 1
General Principles Applying to Imposition of Punishments

Section 42 Aggravating Circumstances
The Court may consider following circumstances as aggravating, particularly when the offender:
a) committed the criminal offence with premeditation or after previous deliberation,
b) committed the criminal offence out of greed, for revenge, due to hatred relating to nationality, ethnic, racial, religious, class or another similar hatred or out of another particularly condemnable motive,
c) committed the criminal offence in a brutal or agonizing manner, insidiously, with special deceit or in a similar manner,
d) committed the criminal offence by exploiting another person’s distress, duress, vulnerability, dependence or subordination,
e) breached a special duty by the criminal offence,
f) abused his occupation, position or function when committing the criminal offence,
g) committed the criminal offence against a person participating in saving life and health or in protection of property,
h) committed the criminal offence to the harm of a child, close person, person pregnant, ill, disabled, of high age or impuissant,
i) led another person, especially a child under the age of fifteen, a juvenile or a person of an age close to the legal age of juveniles, to commit an act otherwise criminal, into misconduct or to commit a criminal offence,
j) committed the criminal offence during an emergency situation, natural disaster or another event seriously threatening life, public order or property, or at the territory where evacuation is in progress or has been carried out,
k) caused higher damage or another larger harmful effect by the criminal offence,
l) acquired higher profit by the criminal offence,
m)committed the criminal offence in a larger extent, on more things or more persons, was committing the criminal offence or continued in its commitment for a longer time,
n) committed more criminal offences,
o) committed the criminal offence as an organizer, a member of an organized group or a member of a conspiracy, or
p) had already been sentenced for a criminal offence; the court is authorized not to consider such a fact as an aggravating circumstance according to the nature of the previous conviction, particularly in respect of the significance of a protected interest affected by such an act, the manner of commission of such an act and its consequences, the circumstances under which it was committed, the offender’s personality, the extent of his culpability, his motives and the period which has passed since his last conviction; concerning an offender of the criminal offence committed in a state induced by a mental disorder, or an offender who indulges in abuse of an addictive substance and has committed the criminal offence under its influence or in connection with its abuse, also when he/she commenced treatment or took other necessary measures for its commencement.