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Article 55. Mitigating Circumstances
Mitigating circumstances shall be:
a) voluntary surrender, active repentance, or assistance in crime detection;
b) voluntary expiation of a the harm;
c) commission of a crime due to sever personal, family, or other conditions;
d) compulsive crime or crime committed due to financial, seniority, or other dependence;
e) commission of a crime in a heat of passion caused by violence, great insult, or other
wrongful act of a victim;
f) commission of a crime in excess of necessary self-defense, extreme necessity, infliction of
injury when apprehending a person having committed a socially dangerous act, justifiable
professional or economic risk;
g) juvenile crime;
h) commission of a crime by a pregnant woman;
i) commission of a crime under influence of wrongful or amoral behavior of a victim;
When inflicting a penalty, a court may recognize a circumstance not envisaged by this Article as
mitigating.
A mitigating circumstance envisaged by an Article of the Special Part of this Code as an element of
corpus delicti shall not be taken into account when inflicting a penalty.
Article 56. Aggravating Circumstances
Aggravating circumstances shall be a crime committed:
a) in respect of a women known to be pregnant;
b) in respect of an infant, aged or helpless;
c) in respect of a person or his close relatives in connection with his performing a professional
or civil duty;
d) in respect of a person being in material, service or other dependence on a guilty person;
e) with abnormal cruelty;
f) in a socially dangerous manner;
g) with engagement of an infant or a person known to suffer a mental illness;
h) resulting in grave consequences;
i) taking an opportunity of situation of mass disaster or public emergency, or riots;
j) from mercenary or other foul motives;
k) by a group, organized crime group, or criminal community by previous concert;
l) repeatedly or first time intentionally after conviction for a previous intentional crime;
m) under intoxication by alcohol, narcotic, psychotropic or other substances affecting human
intellect and will.
A court may, depending on a nature of a crime, not recognize any circumstance envisaged in
Paragraph 1 of this Article as an aggravating. When inflicting a penalty, a court may recognize
certain circumstances not envisaged in this Article as aggravating.
An aggravating circumstance envisaged by an Article of the Special Part of this Code as an element
of corpus delicti shall not be taken into account when inflicting a penalty.
Article 57. Mitigation of Penalty