judgement public in the manner it has designated.
Article 51. The court, in deciding to deprive or restrict parental or guardianship rights in the event
of an offence committed to the detriment of a minor or in co-operation with a minor, shall notify the
competent family court.
Article 52. In the event of sentencing for an offence which brought material benefits to a natural or
legal person or an organisational unit not possessing the status of a legal person, and committed by a
perpetrator who acted on its behalf or in its interest, the court shall obligate the entity which acquired the
material benefit, to return it in whole or in part to the benefit of the State Treasury; this shall not affect the
material benefit subject to return to another entity.
Chapter VI. Principles of the imposition of penalty and penal means
Article 53. § 1. The court shall impose the penalty according to its own discretion, within the
limits prescribed by law bearing in mind that its harshness should not exceed the degree of guilt,
considering the level of social consequences of the act committed, and taking into account the preventive
and educational objectives which the penalty has to attain with regard to the sentenced person, as well as
the need to develop a legal conscience among the public.
§ 2. In imposing the penalty, the court shall above all take into account the motivation and the
manner of conduct of the perpetrator, committing the offence together with a minor, the type and degree of
transgression against obligations imposed on the perpetrator, the type and dimension of any adverse
consequences of the offence, the characteristics and personal conditions of perpetrator, his way of life
prior to the commission of the offence and his conduct thereafter, and particularly his efforts to redress
the damage or to compensate the public perception of justice in another form. The court shall also
consider the behaviour of the injured person.
17