Sentence mitigation Article 40 The court may mete out a punishment to the offender below the limit prescribed by law or apply a more lenient form of punishment in the cases: 1) where the law foresees that the offender may be punished more leniently, 2) where it is established that there are particularly alleviating circumstances indicating that the purpose of the sentence may be achieved by the mitigated sentence as well, or 2) of adoption of a judgment on the basis of an agreement between the public prosecutor and the suspect. Limits of mitigation of the sentence Article 41 (1) Where circumstances exist for mitigation of the sentence referred to in Article 40, the court shall mitigate the sentence within these limits: 1) if the smallest prescribed sentence measure for the crime is imprisonment in a duration of ten years, the sentence may be mitigated to five years of imprisonment, 2) if the smallest prescribed measure is imprisonment in duration of eight years, the sentence may be mitigated for up to four years of imprisonment, 3) if the smallest prescribed measure for the crime is imprisonment with a duration of five years, the sentence may be mitigated up to three years of imprisonment, 4) if the smallest prescribed measure for the crime is imprisonment in duration of four years, the sentence may be mitigated up to two years of imprisonment, 5) if the smallest prescribed measure for the crime is imprisonment with a duration of three years, the sentence may be mitigated up to one year of imprisonment, 6) if the smallest prescribed measure for the crime is imprisonment with a duration of one year, the punishment may be mitigated up to three months of imprisonment, 7) if the smallest prescribed measure for the crime is imprisonment of less than one year, the punishment may be mitigated up to 30 days of imprisonment, 8) if the prescribed sentence for the crime is imprisonment of up to three years, by designating the smallest measure, a fine may be pronounced instead of the imprisonment and 9) if a fine is prescribed for the crime, by designating the smallest measure, the sentence may be mitigated to the general legal maximum. (2) In deciding to what extent to mitigate the sentence according to the rules referred to in paragraph 1, the court shall especially consider the smallest and the greatest sentence measure prescribed for the crime. Acquittal from a sentence Article 42 19/217