3)
if the act in question constitutes a misdemeanour, and the lower statutory level of penalty
is less than one year's deprivation of liberty, the court shall impose either a fine or the
penalty of restriction of liberty.
§ 7. If the act in question is subject, alternatively, to the penalties specified in Article 32 sections
1 through 3, the extraordinary mitigation of a penalty shall consist in renouncing the imposition of the
penalty, and the imposition of a penal measure as specified in Article 39 sections 2 through 8; the
provision of Article 61 § 2 shall not be applied.
Article 61. § 1. The court may renounce the imposition of a penalty in the cases specified by law
or in the case provided for in Article 60 § 3, particularly if the role of the perpetrator in the commission of
the act was of secondary importance, and the information transmitted has helped to prevent the
commission of another offence.
§ 2. Renouncing from the imposition of penalty, the court may refrain from adjudging a penal
measure, even if adjudging it were mandatory.
Article 62. Upon deciding to impose a penalty of deprivation of liberty, the court may determine
the kind and type of penal institution where the sentenced person is to serve the term and to stipulate the
therapeutic methods for serving the term of deprivation of liberty.
Article 63. §1. The period of an actual deprivation of liberty in a given case, rounded to a full
number of days, shall be credited to the penalty of deprivation of liberty, with one day of actual deprivation
of liberty equalling one day of the penalty of deprivation of liberty, or two days of the penalty of restriction
of liberty, or two daily rates of a fine.
§ 2. The actual period of preventive measures of the corresponding kinds, as specified in Article
276 of the Code of criminal procedure, shall be credited against the imposed measures specified in Article
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