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CDL-REF(2021)022
5. When taking a decision on conditional non-application of punishment, the court may impose
certain duties on the convict, i.e. not to change the place of permanent residence, take a
course of treatment from alcohol and drug addiction, venereal disease or toxicomania, provide
his or her family with financial assistance. With or without mediation of a competent authority
supervising the convict’s behaviour, the court may impose also other duties on the convict
contributing to correction thereof or replace them.
6. Where the convict maliciously evades, during the probation period, the performance of
duties imposed thereon by the court upon conditional non-application of punishment, with
mediation of a competent authority supervising the convict’s behaviour, as well as in case of
committing a negligent criminal offence or an intentional criminal offence of minor gravity, the
court shall settle the issue of cancelling the decision on conditional non-application of
punishment.
7. Where a person commits an intentional criminal offence of medium gravity, grave or
particularly grave intentional criminal offence during the probation period, the court shall
cancel the decision on conditional non-application of punishment and impose punishment by
the rules provided for in Article 67 of this Code. Punishment shall be imposed by the same
rules also for committing a new negligent criminal offence or an intentional criminal offence of
minor gravity, where the court cancels the decision on conditional non-application of
punishment.
(Article 70 amended by HO-97-N of 9 June 2004, HO-119-N of 1 June 2006, amended,
supplemented by HO-180-N of 15 November 2006)
Article 71.
Procedure and conditions for execution of punishment
The procedure and conditions for execution of punishment shall be determined by law.
SECTION 4
RELEASING FROM CRIMINAL LIABILITY AND PUNISHMENT
CHAPTER 11
RELEASING FROM CRIMINAL LIABILITY
Article 72.
Releasing from criminal liability in the event of active repentance
1. A person having committed a criminal offence of minor or medium gravity for the first time
may be released from criminal liability, where, following the commission of a criminal offence,
he or she has voluntarily surrendered by acknowledging guilt, has assisted in disclosing the
crime, has compensated or otherwise settled the damage caused as a result of the crime.
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