Article 53 – Principles of sentencing

3. When imposing a sentence, the court shall take into consideration circumstances that mitigate or aggravate the liability of the of fender , in particular , the motive and goal of the crime, the unlawful intent demonstrated in the act, the character and degree of the breach of obligations, the modus operandi and unlawful consequence of the act, prior history of the of fender , personal and financial circumstances, and conduct of the of fender after the of fence, in particular , the of fender ’ s desire to indemnify the damage and reconcile with the victim.

4. If mitigating or aggravating circumstances are considered as a component of corpus delicti under an article or part of an article of the Special Part of this Code, the same circumstances shall not be taken into account when imposing a sentence.

Article 54 – Imposing a sentence under mitigating cir cumstances

If, after committing a crime, the offender appears and pleads guilty, actively assists in the discovery of a crime and there are no aggravating circumstances, the term or measure of the sentence shall not exceed three fourths of the maximum term or measure of the most severe sentence under the respective article or part of an article of the Special Part of this Code.


Article 55 – Imposing more lenient sentences than provided for by law

The court may impose a sentence that is less than the lowest limit of the measure of a sentence provided for by an appropriate article of this Code, or another, more lenient sentence if a plea bargain is concluded between the parties.
 

Article 56 – Imposing a sentence for an inchoate crime

1. When imposing a sentence for an inchoate crime, account shall be taken of the circumstances due to which the crime was not completed.

Article 62 – Calculation of the term of a sentence and cr edit towards the sentence

1. The term for the deprivation of the right to hold an office or carry out activities, for corrective labour , service restrictions for military personnel, house arrest and imprisonment shall be calculated in years and months, while the term for community service shall be calculated in hours, except when a plea bar gain is concluded between the parties.

2. When altering and accumulating sentences provided for by paragraph 1 of this article, as well as when crediting sentences, the term of the sentence may be calculated in days.

3. The period of pre-trial detention shall be counted towards the term of the sentence, based on the following calculation: one day of detention – one day of imprisonment, two days of house arrest, and three days of corrective labour or service restrictions for military personnel, five hours of community service.

4. The period of detention before the entry into force of the judgment on the crime committed abroad, as well as the term of imprisonment served under the judgment, in the case of extraditing a person for enforcement of the judgment under Article 6 of this Code shall be counted in the following manner: one day for one day .

5. If a fine or deprivation of the right to hold an office or carry out activities was imposed on a person, who was in pre-trial detention, as a basic punishment, the court shall, taking the period of detention into account, either mitigate the sentence imposed or completely release him/her from serving it.