Article 38-e The court shall impose the sentence prohibition on attending all or particular sports competitions for acts of violence at sports competitions in duration of one to three years. 2. Meting out a sentence General rules to mete out a sentence Article 39 (1) The court shall mete out a sentence to the offender within the limits prescribed for that crime by law, bearing in mind the criminal liability of the offender, the gravity of the crime and the purposes of the punishment. (2) Hereby, the court shall consider all the circumstances affecting the decrease or increase of the sentence (alleviating or aggravating circumstances), and especially: the level of criminal liability, the motives for the perpetrated crime, the extent of jeopardizing or damage to the protected goods, the circumstances under which the crime was committed, the contribution of the victim in commission of the crime, the previous life of the offender, his personal circumstances and his behavior after the committed crime, as well as other circumstances that concern the personality of the offender. (3) When meting out the sentence, the court shall in particular take into account the total effect of the sentence and its consequences for the personality of the offender and the needs for his resocialization. (4) When the court metes out the sentence for the offender of recidive crime, it shall especially consider whether the previous crime is of the same kind as the new crime, whether the crimes are committed out of the same motives, and how much time has passed as of the previous sentence, that is, sentence served or pardoned. (5) When the court metes out the sentence, it shall especially consider whether the crime has been committed against a person or a group of persons or property, directly or indirectly, because of his or their sex, race, skin color, class, member of a marginalized group, ethnic background, language, nationality, social background, religious belief, other types of beliefs, education, political affiliation, personal or social condition, mental or physical disability, age, family or marital status, property status, health condition, or any other ground foreseen by law or ratified international agreement. (6) If the court does not apply the provision of paragraph (5) of this Article, it shall be obliged to explain the reasons for such decision. (7) When meting out a fine, the court shall also consider the property state of the offender, herewith considering his other incomes, his property and his family obligations. 18/217

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