Section 7. Classification of Criminal Offences

(1) Criminal offences shall be divided into criminal violations and crimes according to the nature and harm of the threat to the interests of a person or the society. Crimes shall be divided as follows: less serious crimes, serious crimes and especially serious crimes.

(2) A criminal violation is an offence for which the deprivation of liberty for a period exceeding fifteen days, but not exceeding three months (temporary deprivation of liberty), or a type of lesser punishment is provided for in this Law.

(3) A less serious crime is an intentional offence for which the deprivation of liberty for a period exceeding three months but not exceeding three years is provided for in this Law, as well as an offence which has been committed through negligence and for which the deprivation of liberty for a period not exceeding eight years is provided for in this Law.

(4) A serious crime is an intentional offence for which the deprivation of liberty for a period exceeding three years but not exceeding eight years is provided for in this Law, as well as an offence, which has been committed through negligence and for which the deprivation of liberty for a time period exceeding eight years is provided for in this Law.

(5) An especially serious crime is an intentional offence for which the deprivation of liberty for a period exceeding eight years or life imprisonment is provided for in this Law.

(6) If this Law provides for the deprivation of liberty for a period not exceeding five years for a crime, also a type of lesser punishment shall be provided for therein for the relevant crime.

Section 35. Punishment and Its Purpose

(1) Punishment as provided for in the Criminal Law is a compulsory measure which within the limits of this Law, is adjudged by court on behalf of the State against persons guilty of the committing of a criminal offence or, in the cases provided for by law, imposed by a prosecutor by drawing up a penal order.

(2) The purpose of punishment is:

1) to protect the public safety;
2) to restore justice;
3) to punish the offender for a committed criminal offence;
4) to resocialize the punished person;
5) to achieve that the convicted person and other persons comply with the law and refrain from committing criminal offences.

Section 46. General Principles for Determination of Punishment

(1) A punishment shall be determined to the extent provided for the committed criminal offence by the sanction of the relevant Section of the Special Part of this Law, conforming to the provisions of the General Part of this Law.

(2) In determining the type of punishment, the nature of and harm caused by the criminal offence committed, as well as the personality of the offender shall be taken into account.

(3) In determining the amount of punishment, the circumstances mitigating or aggravating the liability shall be taken into account.

(3^1) If the sanction of the relevant Section of the Special Part of this Law for the crime committed only provides for one basic punishment – deprivation of liberty, the nature of and harm caused by the criminal offence committed, the personality of the offender, and also the circumstances mitigating or aggravating the liability shall be taken into account, in determining the duration thereof.

(4) The punishment of deprivation of liberty for a criminal violation and a less serious crime shall be applied if the purpose of the punishment cannot be achieved by determining any of the types of lesser punishment provided for in the sanction of the relevant Section.

Section 514. Matters to be Decided during Court Deliberations

(1) During deliberations, a court shall decide the following matters in a deliberation room:

1) whether the criminal offence incriminating the accused took place;
2) whether such offence constitutes a criminal offence, and the Section, Paragraph and Clause of the Criminal Law that provides for such offence;
3) whether the accused is guilty of such criminal offence;
4) whether the accused is punishable regarding such criminal offence;
5) whether circumstances exist that aggravate or mitigate the liability of the accused;
6) the type and amount of basic sentence that shall be imposed on an accused, and whether he or she shall serve such sentence;
7) whether an additional sentence is to be imposed on the accused, and what sentence is to be imposed;
8) whether the compulsory measures of a medical nature provided for in Section 68 of the Criminal Law shall be determined for the person who has been recognised as having diminished mental capacity;
9) whether a security measure shall be maintained, modified or applied for the accused;
10) whether an application regarding consideration for harm is to be satisfied, and for the benefit of whom, and in what amount, such consideration is to be recovered;
11) regarding confiscation of object for committing a criminal offence and property related to a criminal offence;
11^1) actions with material evidence, documents, property related to criminal offence, other objects and valuables removed during the proceedings, and property that has been seized;
12) regarding confiscation or recovery of criminally acquired property;
13) from whom procedural expenditures are to be recovered.

(2) If an accused has been transferred to a court regarding several criminal offence, a court shall decide the matters referred to in Paragraph one of this Section separately for each criminal offence.

(3) If several accused have been transferred to a court regarding a criminal offence, a court shall decide the matters referred to in Paragraph one of this Section separately for each accused.