Community Work Article 41 (1) Community work may be imposed for criminal offences punishable by a fine or prison term up to five years. (2) Community work may be imposed for minimum sixty and maximum three hundred and sixty hours to be served over a period of time not shorter than thirty days or longer than six months. (3) This punishment shall be imposed upon prior consent of the perpetrator and may not be served for longer than sixty hours in a month. (4) Community work shall be considered to be any work which is beneficial for society, does not harm one’s dignity, and is not done for any gain. (5) In pronouncing this punishment, the court shall give due consideration to the type of the criminal offence committed and the perpetrator’s personality. (6) If a perpetrator omits to complete his community work, this punishment shall be replaced by a prison term, whereby each sixty hour period of community work initiated will be substituted by one month prison term. 2. Fixing of Punishment General Rules for Fixing Punishment Article 42 (1) The court shall fix the punishment for the perpetrator of a criminal offence within the statutory limits for that particular offence taking into account the purpose of punishment and giving due consideration to any circumstances which result in lighter or more severe punishment (mitigating and aggravating circumstances) as well as the following, in particular: degree of culpability, motives for the commission of offence, degree of peril or injury to the protected good, circumstances under which the offence was committed, perpetrator’s history, his personal situation, his behaviour after the commission of criminal offence, particularly his attitude towards the victim of the criminal offence as well as any other circumstances concerning the perpetrator’s personality. (2) In fixing a fine the court shall give particular consideration to the perpetrator’s financial situation. (3) The circumstance which is an element of the criminal offence may not be additionally taken into consideration as either an aggravating or mitigating circumstance, except where it exceeds the measure required for establishing the criminal offence or a certain form of criminal offence, or where there are two or more such circumstances of which only one is sufficient for the establishment of a more serious or minor form of the criminal offence.

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