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.