Article 55. Establishing a Lesser Punishment Than It Is Stipulated for a Given Crime

1. In cases in which there are exceptional circumstances which are associated with goals and motivations of a given act, the role of a convict, his behaviour during or after the commission of a crime, and other circumstances, which considerably lessen the degree of public danger of a given act, as well as in case of active contribution of a participant in a group crime to the disclosing of other crimes committed by that group, punishment may be established lower than the minimum stipulated by the relevant article of the Special Part of the present Code, or a court may establish a milder type of punishment than it is stipulated by a given article, or not to apply an additional type of punishment stipulated as obligatory.

2. Both separate mitigating circumstances and their combination may be found as exceptional.

Article 56. Establishing Punishment for an Uncompleted Crime

1. When establishing punishment for an uncompleted crime, circumstances shall be taken into consideration by virtue of which a given crime was not consummated.

2. A term or amount of punishment for preparation for a crime may not exceed a half of the maximum term or amount of the strictest type of punishment stipulated by the relevant article of the Special Part of the present Code for a consummated crime.

3. A term or amount of punishment for an attempted crime may not exceed three quarters of the maximum term or amount of the strictest type of punishment stipulated by the relevant article of the Special Part of the present Code for a consummated crime.

4. Capital punishment or life-time deprivation of freedom shall not be established for preparation for a crime or for an attempted crime.

Article 57. Establishing Punishment for a Crime Committed in Complicity

1. When appointing punishment for a crime committed in complicity, the character and the degree of actual participation of a person shall be taken into consideration, as well as the importance of that participation for the achievement of the goal of a given crime, its influence upon the character and amount of caused or possible damage.

2. Circumstances which mitigate or aggravate liability and punishment, which relate to personality of one of the participants, shall be taken into consideration only when establishing punishment to this participant.

Date: 2014-12-21; view: 1096