18
A court, taking into account circumstances considerably decreasing a degree of social danger of a
committed crime, may, as an exception, inflict a penalty below the lower limit of severity
envisaged by an Article of the Special Part of this Code for a crime in question, or another, more
lenient penalty not envisaged by an appropriate Article.
On the same grounds, a court may abstain from imposing a mandatory additional penalty envisaged
by an Article of the Special Part of this Code.
Circumstances characterizing in the aggregate an act, personality of a guilty person, degree and
form of his guilt, his behavior before and after the crime, grounds for and contributing
circumstances of the crime.
Article 58. Inflicting Penalty for Uncompleted or Joint Crime
When inflicting a penalty for an uncompleted crime, a court being guided by general grounds for
inflicting a penalty, shall take into account a seriousness of a crime, degree of completion of a
criminal intent, and reasons, due to which the crime was not completed.
When inflicting a penalty for a joint crime, a court shall take into account a nature and degree of
participation therein of each of guilty persons. Mitigating and aggravating circumstances relating to
personality of each accomplice, shall be taken into account by a court when inflicting a penalty on
that accomplice.
Article 59. Inflicting Penalty in Instance of Multiple Crime
In the instance of commission of at least two crimes envisaged by different articles of the Special
Part by a person who has not been convicted for any of them, a court shall inflict a penalty for each
act in accordance with the rules envisaged by Article 54 of this Code, and then inflict a
commutative penalty by the way of total or partial joinder of penalties within the limits established
by the General Part for an appropriate type of penalty.
In the instance of joinder of penalties by a cumulative crime, a final conviction shall be of a severer
type, as envisaged by Article 61 of this Code.
A court may inflict, together with a primary penalty inflicted for a cumulative crime, an additional
penalty for each individual crime.
These rules shall be applied in the instance, if after rendering a sentence it is established that the
convicted is guilty in other crime that has been committed by him before rendering the sentence on
the case. In that instance, a term that has been already served under the former sentence shall be
credited for the term of penalty imposed by a court for a cumulative crime.
Article 60. Inflicting Penalty in Instance of Multiple Sentence
If convicted, after rendering a sentence, but before completion of serving a penalty, commits a new
crime, a court shall add, in full or in part, to a penalty inflicted by a new sentence, uncompleted part
of a previous penalty.
In the instance of joinder of penalties of different types by a cumulative sentence, a final conviction
shall be of a severer type, as envisaged by Article 61 of this Code.