Mitigating circumstances are conditions under which the degree of guilt of the accused is mitigated and a less severe punishment is imposed under the sanction of the article.
These circumstances include:
- For the first time a crime committed by the accused. Under this concept is meant a combination of three factors - a perfect crime of minor gravity; it is committed for the first time; this act was carried out due to a coincidence.
- The accused has not reached the age of majority. In this case, preventive measures may be applied to the accused in the form of corrective labor or educational measures. This should take into account the psychological state and social status of the adolescent. The legislator has the right to impose punishment on the accused not in all respects, or even to remove criminal liability.
- Pregnancy and the presence of an infant. These are also circumstances mitigating punishment, since the interests of the mother and child are protected . The punishment may be mitigated or delayed for the period when the child reaches the age of fourteen. If the accused has children, these are also circumstances mitigating criminal liability.
- Crime committed because of harsh living conditions or because of compassion. The latter is an innovation in the criminal code, supplementing circumstances mitigating punishment.
- A crime committed under the pressure of psychological or physical factors. The impetus for the commission of illegal actions was the fear of a threat to life or reprisals against loved ones.
- Violation of the permissible degree of defense. The guilt of the accused in this case should be determined by the degree of risk that he prevented by committing acts that exceed the norms of acceptable self-defense.
- Inadmissible or immoral behavior of the victim, which pushed the accused to commit a crime.
- Confession of guilt, confession and active assistance in solving the crime. These factors are grounds for considering them mitigating circumstances.
- Providing assistance to the victim in respect of whom an unlawful act was committed.
The Criminal Code distinguishes between mitigating and aggravating circumstances. The latter include:
- Relapse - i.e. repetition of a crime.
- Serious injury caused by the act.
- Committing a crime as part of a group of persons and by prior conspiracy.
- Performing a particularly active role in the commission of unlawful acts.
- Crimes motivated by ethnic, racial or religious hatred.
- Committing unlawful acts against a defenseless person (pregnant woman, young child, elderly).
- Crimes against a person performing his professional duty, or his relatives.
- Committing an act with particular cruelty or bullying.
- Crime using any combustible, poisonous, military or explosive substances.
- Illegal acts committed during a war or natural disaster.
- Alcohol or drug intoxication.
- Crime committed by a person who deliberately entered into confidence in the victim.
The legislator has the right to take into account any circumstances that relate to the case under consideration. The verdict can be appealed to the time, established by the court.