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.
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