- 23 Article 60.
CDL-REF(2021)022
Life imprisonment
1. Life imprisonment shall be considered as unlimited isolation of the convict from the society
in the form of confinement in a correctional institution which, in cases provided for in this Code,
may be imposed for particularly grave crimes.
2. Life imprisonment may not be imposed on persons below the age of eighteen at the moment
of committing a criminal offence, women who are pregnant at the moment of committing a
criminal offence or at the moment of delivering the judgement.
CHAPTER 10
IMPOSITION OF PUNISHMENT
Article 61.
General principles for imposition of punishment
1. A fair punishment shall be imposed on a person found guilty for a crime which shall be
determined within the scope of the relevant Article of the Special Part of this Code, having
regard to the provisions of the General Part of this Code.
2. The type and size of punishment shall be determined by the nature and degree of danger
of a crime posed to the public, by features characterising the personality of the criminal,
including circumstances mitigating or aggravating liability and punishment.
3. The stricter punishment from those envisaged for a crime shall be imposed, where the less
strict type thereof may not serve the purposes of punishment.
Article 62.
Circumstances mitigating liability and punishment
1. Circumstances mitigating liability and punishment shall be as follows:
(1) commission of a criminal offence of minor and medium gravity for the first time by casual
coincidence of circumstances.
(2) minority of a criminal at the moment of committing a criminal offence.
(3) pregnancy of a criminal at the moment of committing a criminal offence or imposing a
punishment.
(4) existence of a child under the age of fourteen under the custody of a criminal at the moment
of imposing a punishment.
(5) commission of a criminal offence as a result of hard living conditions or on the basis of
compassion.
(6) commission of a criminal offence by breaching conditions of lawfulness of necessary
defence, apprehending a person having committed a criminal offence, extreme necessity,
justified risk, execution of order or executive order.
(7) illegal or immoral behaviour of the victim that has given rise to crime.
(8) commission of a criminal offence under threat or coercion or financial, service or other
dependence.
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