103/2004, effective 1.01.2005) probation - for a fine BGN of one hundred (100) up to five
hundred (500).
(2) In the cases of sub-paragraph 1 of the preceding paragraph where the punishment is a
fine, the court may specify punishment under the lowest limit by one half at most.
(3) In such cases the court may not impose the lesser punishment provided by law along
with punishment by imprisonment.
(4) (Repealed, SG No. 28/1982).
Article 56
The circumstances considered by law in defining the respective crime shall not be
attenuating and aggravating circumstances.
Article 57
(1) Where the Special Part of this Code provides possibility to impose one punishment
from a choice of two or more punishments for the perpetrated crime, the court shall determine
the most appropriate punishment, in kind and measure, guided by the rules of the preceding
articles.
(2) Where the Special Part of this Code provides possibility to impose concurrently two or
more punishments for a certain crime, the court shall, guided by the rules of the preceding
articles, determine the extent of each punishment so that they shall, in their totality, comply wiyh
the objectives set forth under Article 36.
Article 58
The court may also apply the provisions of Article 55 in the following cases:
a) in the case of attempt - due to the non-completion of the crime, considering also the
circumstances under Article 18, paragraph (2);
b) in the case of accessory - where the extent of the perpetrator's participation in the crime
is small.
Article 58a
(New, SG No. 27/2009, amended, SG No. 26/2010)
(1) In case the court delivers a convicting sentence in the cases under Article 373, paragraph
2 of the Criminal Procedure Code, the court shall determine the punishment imprisonment
guided by the provisions of the General Part of this Code and shall reduce the thus determined
punishment by one third.
(2) In the cases under Article 57, paragraph 1 when the court determines as the most
appropriate type of punishment life imprisonment without a chance of commuting, it shall not
impose it and the punishment life imrprisonment shall be replaced with imprisonment from
twenty to thirty years.
(3) The court shall determine the length of the punishment deprivation of liberty within the
limits of the lowest minimum length and the highest maximum length of the punishment
imprisonment determined in line with the conditions under paragraph 2 and the punishment
imprisonment foreseen in the Special Part of this Code.
(4) In cases when simultaneously the conditions under paragraph 1 - 3 and the conditions
under Article 55 are present, the court shall apply only Article 55, if it is more favourable for the
perpetrator.