CDL-REF(2021)022
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(9) surrender by acknowledging guilt, assisting in detection of crime, in unmasking of other
participants of crime, in searching the property obtained by crime.
(10) provision of medical or other assistance immediately after the crime, voluntary
compensation or elimination of property damage and moral damage caused by the crime,
other activities intended to settle the damage caused to the victim.
2. When imposing a punishment, the court may also take into account other mitigating
circumstances which are not specified 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 liability and punishment.
Article 63.
Circumstances aggravating liability and punishment
1. Circumstances aggravating liability and punishment shall be as follows:
(1) recidivism, commission of a criminal offence as a craft;
(2) causing grave consequences by a crime;
(3) commission of a criminal offence being involved in a group of persons, an organised group
or a criminal organisation;
(4) particularly active role in the commission of a crime;
(5) involvement of persons, who obviously for the offender, suffer from mental disorder or are
in the state of drunkenness, as well as those not having attained the age for criminal liability,
into the commission of a criminal offence;
(6) commission of a criminal offence for national, racial or religious hatred, religious fanaticism,
revenge for other persons’ lawful actions;
(7) commission of a criminal offence for the purpose of concealing another crime or facilitating
the commission thereof;
(8) commission of a criminal offence against a woman obviously pregnant for the criminal, as
well as an infant, other unprotected or helpless person or a person dependent from the
criminal;
(9) commission of a criminal offence against a person or his or her wife or husband or close
relative that is connected with the discharge of official or public duty thereby;
(10) commission of a criminal offence by a person who whereby has broken his or her military
or professional oath;
(11) commission of a criminal offence with a particular cruelty, exposing the victim to mockery
or torments;
(12) commission of a criminal offence in a manner dangerous to the public;
(13) commission of a criminal offence during martial law or state of emergency, natural or
social disaster, as well as during mass disorders;
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