1) a lighter punishment is provided for by law;
2) remission of punishment is provided for by law, but the punishment does not
get remitted by court;
3) it is established that there were particularly mitigating circumstances and it is
assessed that a mitigated punishment will be sufficient to achieve the purpose of
punishment.
Limits of Mitigation of Punishment
Article 46
(1) Where the requirements for mitigation of punishment referred to in Art.45 of
this Code are met, the court shall impose a lighter punishment, subject to the following
limits:
1) if the criminal offence carries a minimum prison term of five years or
longer, the punishment may be mitigated up to two year prison term;
2) if the criminal offence carries a minimum prison term of three years or
longer, the punishment may be mitigated up to one year prison term;
3) if the criminal offence carries a minimum prison term of two years,
the punishment may be mitigated up to six month prison term;
4) if the criminal offence carries a minimum prison term of one year, the
punishment may be mitigated up to three month prison term;
5) if the criminal offence carries a minimum prison term under one year,
the punishment may be mitigated up to thirty day prison term;
6) if the criminal offence carries a prison term for which minimum term
is not specified, the punishment may be replaced by a fine;
7) if the criminal offence carries a fine for which the lowest amount is
specified, the punishment may be mitigated to six hundred euro.
(2) When the court is authorized to remit punishment to a perpetrator, the
punishment may be mitigated without taking into consideration the limits prescribed for
mitigation of punishment.
Remission of Punishment
Article 47
(1) Punishment may be remitted by court only where so explicitly provided for by
law.
(2) Punishment may also be remitted by court where a perpetrator committed an
offence by negligence and where the consequences of that offence affect the perpetrator
to an extent that makes it reasonable to believe that imposition of punishment would not
serve its purpose.