Article 65. General principles of imposition of punishment

1. A court shall impose a punishment:

(1) within the limits prescribed by a sanction of that article of the Special Part of this Code, which creates liability for the committed criminal offense;

(2) pursuant to provisions of the General Part of this Code;

(3) having regard to the degree of gravity of the committed offense, character of the guilty person, method and motives of the committed offense, nature and extend of damages, and circumstances mitigating or aggravating the punishment.

2. The punishment imposed on an offender should be adequate and sufficient to reform the offender and prevent new offenses.

3. The grounds for imposing a punishment milder than the one prescribed for a committed offense in a relevant article of the Special Part of this Code, are specified in Article 69 of this Code.

4. A punishment heavier than one prescribed for a committed offense in a relevant article of the Special Part of this Code may be imposed pursuant to Articles 70 and 71 of this Code in case of cumulative offenses and cumulative sentencing.

Article 66. Circumstances mitigating punishment

1. For the purposes of imposing a punishment, the following circumstances shall be deemed to be mitigating:

(1) surrender, sincere repentance or actively assistance in detecting the offense;

(2) voluntary compensation of losses or repairing of damages;

(3) the commission of an offense by a minor;

(4) the commission of an offense by a pregnant woman;

(5) the commission of an offense in consequence of a train of adverse personal, family or other circumstances;

(6) the commission of an offense under influence of threats, coercion or financial, official or other dependence;

(7) the commission of an offense under influence of strong excitement raised by improper or immoral actions of the victim;

(8) the commission of an offense in excess of necessary defense;

(9) undertaking a special mission to prevent or uncover criminal activities of an organized group or criminal organization, where this has involved committing an offense in any such case as provided for by this Code;

2. When imposing a punishment, a court may find circumstances, other than those specified in paragraph 1 of this Article, to be mitigating.

3. If any of the mitigating circumstances is specified in an article of the Special Part of this Code as an element of an offense, that affects its treatment, a court shall not take it into consideration again as a mitigating circumstance when imposing a punishment.

Дата добавления: 2015-11-16