General Part

Section 2.

Crime.

Chapter 4.

Persons subject to criminal liability.

Article 26. Limited sanity.

1. A sane person who, due to mental disorder, when committing the crime could not entirely understand the actual nature of one’s action (inaction) and its social danger, or control one’s actions, is subject to criminal liability.

2. Limited sanity is taken into account as a mitigating circumstance when imposing the punishment and can become the ground for the enforcement of medical measures, parallel to the punishment.

General Part

Section 3.

Punishment.

Chapter 10.

Assignment of punishment.

Article 62. Circumstances mitigating liability and punishment.

1. Circumstances mitigating liability and punishment are as follows:
1) committal of a not grave and medium-gravity crime, for the first time, by coincidental circumstances;
2) being under age at the moment of committal of the crime;
3) being pregnant when committing the crime or when assigning the punishment;
4) caring for a child under 14 years of age at the moment when assigning the punishment;
5) committal of crime as a result of hard living conditions or out of compassion;
6) committal of crime due to breach of proportionality of necessary defense, capturing a perpetrator, urgent necessity, justified risk or carrying out orders or instructions;
7) illegal or immoral behavior of the aggrieved which determined the crime;
8) committal of the crime under threat or enforcement, or under financial, service or other dependence;
9) surrender, assistance in solving the crime, exposing other participants of the crime, in searching the illegally acquired property;
10) offering medical or other assistance to the aggrieved immediately after the crime, voluntary compensation for the property and moral damage inflicted by the crime, or other actions aimed at the mitigation of the damage inflicted to the aggrieved.

2. When assigning a punishment, other circumstances, not mentioned in part 1 of this Article can be taken into account as mitigating ones.

3. If a circumstance mentioned in part 1 of this Article, is envisaged in the appropriate article of the Special Part of this Code as an element of a crime, then it can not be repeatedly taken into account as a circumstance mitigating the liability and the punishment.

General Part

Section 3.

Punishment.

Chapter 10.

Assignment of punishment.

Article 64. Assignment of a milder punishment than envisaged by law.

1. If there are exceptional circumstances concerned with the motives of the crime and its purpose, the role of the perpetrator, and his behavior when committing the crime and thereafter, which essentially reduce the extent of danger of the crime for the society, as well as, if a member of the group crime actively assists in solving the crime, a softer punishment can be assigned than the minimal envisaged punishment in the appropriate article of the Special Part of this Code, or a softer type of punishment, than envisaged in that article, or no compulsory supplementary punishment may be applied.

2. Individual mitigating circumstances as well as a combination of such circumstances can be considered exceptional.

General Part

Section 4.

Exemption from criminal liability and punishment.

Chapter 11.

Exemption from criminal liability

Article 72. Exemption from criminal liability in case of repentance.

1. The person who committed for the first time a not grave or medium-gravity crime can be exempted from criminal liability, if he, after the committal of the crime, surrendered, assisted in solving the crime of his own accord, compensated or mitigated the inflicted damage in some other way.

2. The person who committed another type of crime, in case of the circumstances mentioned in the first part of this Article, can be exempted from criminal liability only in cases especially envisaged in the article of the Special Part of this Code.

Article 19. The Subject of Criminal Liability

4. If a person has reached the age envisaged in Parts 1 and 2 of this Article, but due to mental retardation was not capable to fully realise the illegitimacy of his/her act or to control his/her act, then this shall be taken as a mitigating circumstance when assigning the sentencе.

Article 70. Circumstances Mitigating the Criminal Liability or Punishment

1. Circumstances mitigating the criminal liability or punishment shall be as follows:

1) commission of a criminal offence for the first time by casual coincidence of circumstances;
2) pregnancy of a criminal at the moment of the commission of a criminal offence or imposition of a punishment
3) the criminal having attained the age of 65 when committing the criminal offence or when being imposed punishment;
4) existence of a dependent minor or a person with disability under the custody of the person having committed a criminal offence at the moment when imposing the punishment, except for cases when the criminal offence was directed against the person under custody;
5) commissionofacriminaloffenceasaresultofhardlivingconditions;
6) commissionofacriminaloffenceonthebasisofcompassion;
7) commission of a criminal offence by breaching the conditions of lawfulness of the circumstances excluding criminal liability;
8) commission of a criminal offence under the influence of unlawful behaviour of the victim of crime;
9) commission of a criminal offence under the influence of threat, coercion or a person from whom the criminal has material, official or other dependence;
10) surrender of the person having committed a criminal offence by acknowledging guilt, assisting in disclosing the crime, other participant of the crime, searching property acquired through the crime and obtaining evidence in the case;
11) provision of medical or other assistance immediately after the crime to the victim of crime by the person having committed a criminal offence;
12) performance of actions by the person having committed a criminal offence intended to voluntarily compensate or otherwise settle the damage caused by the crime.

2. When imposing a punishment, the court may also take into account other mitigating circumstances which are not specifies in Part 1 of this Article.

3. Where any circumstance specified in Part 1 of this Article is envisaged by the relevant article of the Special Part of this Code as an element of crime, it may not be taken into account again as a circumstance mitigating the criminal liability or punishment.