caused by the committing of the criminal offence; and other circumstances referring to
the personality of the perpetrator.
(3) In fixing the sentence of a perpetrator who committed a criminal offence
after he had already been convicted or had served his sentence, or after the
implementation of his sentence had been barred by time, or after his sentence has been
remitted (recidivism), the court shall pay particular attention to whether the earlier
offence is of the same type as the new one, whether both offences were committed for
the same motive and to the time, which has lapsed since the former conviction or since
the serving, withdrawing, remitting or barring of the sentence.
Reduction of Sentence
Article 50
The court may fix the sentence of the perpetrator within the limits of statutory
terms or may apply a less severe type of sentence under the following conditions:
- if the possibility of a reduced sentence for the perpetrator is provided for by the
statute;
- if the court ascertains that special mitigating circumstances are present, which justify
the imposition of a reduced sentence.
Limits of the Reduction of Sentence
Article 51
When conditions for the reduction of a sentence, as outlined in the preceding
Article, are met, the sentence shall be reduced within the following limits:
1) if a prison sentence for a term of fifteen years is prescribed as the lowest limit for a
specific offence, such a limit may be lowered by up to ten years of imprisonment;
2) if a prison sentence for a term of three or more years is prescribed as the lowest limit
for a specific offence, such a limit may be lowered by up to one year of
imprisonment;
3) if a prison sentence for a term of one year is prescribed as the lowest limit for a
specific offence, such a limit may be lowered by up to three months of imprisonment;
4) if a prison sentence for a term of less than one year is prescribed as the lowest limit
for a specific offence, such a limit may be lowered by up to fifteen days of
imprisonment;
5) if a prison sentence is prescribed as the lowest limit without the statutory terms being
determined, a fine may be imposed in place of the prison sentence;
6) if a fine is imposed as the principal sentence, it may be reduced by up to fifteen daily
amounts.
Remission of Sentence
Article 52