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 41 Mitigating Circumstances
The Court may consider following circumstances as mitigating, particularly when the offender:
a) committed the criminal offence for the first time and under the conditions not depending on him,
b) committed the criminal offence under distraction, out of compassion or by lack of life experiences,
c) committed the criminal offence under dependence or subordination,
d) committed the criminal offence under duress or compulsion,
e) committed the criminal offence under oppressive personal or family circumstances,
which he did not cause himself,
f) committed the criminal offence in the age close to the age of juveniles,
g) committed the criminal offence by averting an attack or any other danger without
meeting the conditions for necessary defence or extreme necessity or otherwise exceeding the limits of admissible risk or limits of other circumstance precluding the unlawfulness,
h) committed the criminal offence in legal error, which could be avoided,
i) caused lower damage or any other less harmful consequence by committing the
criminal offence,
j) participated in elimination of the harmful consequences of the criminal offence or
voluntarily compensated the caused damage,
k) reported his criminal offence to the authorities,
l) assisted in clarification of his criminal activity or significantly contributed to
clarification of a criminal offence committed by another,
m)contributed as a cooperative accused to clarification of criminal activity committed by
the members of an organized group, in connection with an organized group or in
benefit of an organized criminal group,
n) regretted sincerely the criminal offence,
o) led an upright life before committing the criminal offence.

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.

PART ONE
GENERAL PART

CHAPTER V
CRIMINAL PENALTIES

Division 2
Punishments

Sub-Division 1
General Principles Applying to Imposition of Punishments

Section 41 Mitigating Circumstances
The Court may consider following circumstances as mitigating, particularly when the offender:
a) committed the criminal offence for the first time and under the conditions not depending on him,
b) committed the criminal offence under distraction, out of compassion or by lack of life experiences,
c) committed the criminal offence under dependence or subordination,
d) committed the criminal offence under duress or compulsion,
e) committed the criminal offence under oppressive personal or family circumstances, which he did not cause himself,
f) committed the criminal offence in the age close to the age of juveniles,
g) committed the criminal offence by averting an attack or any other danger without meeting the conditions for necessary defence or extreme necessity or otherwise exceeding the limits of admissible risk or limits of other circumstance precluding the unlawfulness,
h) committed the criminal offence in legal error, which could be avoided,
i) caused lower damage or any other less harmful consequence by committing the criminal offence,
j) participated in elimination of the harmful consequences of the criminal offence or voluntarily compensated the caused damage,
k) reported his criminal offence to the authorities,
l) assisted in clarification of his criminal activity or significantly contributed to clarification of a criminal offence committed by another,
m)contributed as a cooperative accused to clarification of criminal activity committed by the members of an organized group, in connection with an organized group or in benefit of an organized criminal group,
n) regretted sincerely the criminal offence,
o) led an upright life before committing the criminal offence.