enforcing the same by execution would not be possible. § 3. If the offence is subject to a penalty of a deprivation of liberty not exceeding 5 years, the court, instead of imposing this penalty may impose a fine or a penalty of restriction of liberty, particularly when it imposes a penal measure at the same time. § 4. The provision of § 3 does not apply to the perpetrator of an intentional misdemeanour who has previously been sentenced to a deprivation of liberty for a period of not less than 6 months without conditional suspension of its execution. Article 59. If the offence is subject only to a penalty of a deprivation of liberty not exceeding 3 years or, alternatively, to the penalties specified in Article 32, sections 1 through 3, and the social consequences of the act are not great, the court may renounce the imposition of the penalty if it decides to impose a penal measure at the same time, and the purpose of such a penalty is thus served by the measure. Article 60. §1. The court may apply an extraordinary mitigation of the penalty in the cases specified by law, as well as with respect to a juvenile if this is justified by objectives described in Article 54 § 1. § 2. The court may also apply an extraordinary mitigation of the penalty in particularly justified cases when even the lowest penalty stipulated for the offence in question would be incommensurate, and particularly: 1) if the injured person and the perpetrator have been reconciled, the damage incurred has been repaired, or the injured person and the perpetrator have agreed as to the manner of reparation for the damage, 2) taking into consideration the attitude of the perpetrator, particularly if he attempted to repair the damage or prevent the damage from occurring, 19