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A risk shall be considered as justifiable, if a committed action meets up-to-date scientific and
technological knowledge and experience, and a purpose could not have been achieved without
actions attended by some risk, and a person who took a risk took every precaution to prevent harm
to rights and legally protected interests.
Under justifiable professional or economic risk a liability for harm caused shall not be incurred in
the instance when a desired public benefit has not been achieved and the harm was more significant
than the pursued publicly beneficial purpose.
A risk shall not be considered as justifiable, if it was knowingly connected with threat to people’s
life, environmental disaster or other grave consequences.
SECTION FOUR. PENALTY AND ITS PURPOSE
CHAPTER 10. NOTION, PURPOSES AND TYPES OF PENALTY
Article 42. Notion, Purposes, and Types of Penalty
Penalty shall be a publicly imposed by a court sentence measure of compulsion on a person found
guilty in commission of a crime, and shall consist in limitation of certain rights and freedoms of a
convicted person.
Penalty shall be imposed for correction, suppression of further criminal activities, as well as
prevention of commission of new crimes by a convicted person, and by other individuals.
Article 43. System of Penalties
The following primary penalties may be imposed on persons who is found guilty in commission of
crimes:
a) fine;
b) deprivation of certain right;
c) correctional labor;
d) suspension from office
e) arrest;
f) committing to a disciplinary unit;
g) imprisonment;
h) capital punishment.
In addition to the primary penalties, a convicted person may be imposed on an additional penalty of
deprivation of a military or special rank. (As amended by the Law of 29.08.2001).
Penalties of suspension from office or committing to a disciplinary unit shall be imposed only on
the military servicemen.
Deprivation of certain right may be imposed both as a primary and an additional punishment.
Article 44. Fine
Fine shall be a pecuniary penalty imposed on a guilty person as extendi facias in amounts
envisaged by this Code.