the age of 18 and it may be argued that in view of his or her youth, full punishment
would not be necessary or would be harmful. In no case may the punishment
imposed for offences committed by persons under this age exceed 8 years’
imprisonment.
3. If the perpetrator believed that the deed he or she committed did not constitute
a violation of the law, this being either due to excusable ignorance of the law or a
misunderstanding of the legal provisions prohibiting the commission of the action.
4. Where someone has committed an offence in extreme anger or in great mental
agitation aroused by the offended party through an unlawful attack or grave insult.
5. Where someone is persuaded to commit an offence due to dependence on
another person.
6. Where someone is compelled to commit an offence, though the compulsion is
not of such a nature as to make the action completely non-punishable.
7. Where the perpetrator, acting on his or her own initiative, averted the danger
that it involved.
8. Where the perpetrator, acting on his or her own initiative, made full
compensation for the damage or loss that resulted from it, and also where he or she
made great efforts to prevent the harmful consequences of the offence, or made all
efforts within his or her power to remedy the damage or loss.
9. Where the perpetrator, acting on his or her own initiative, reports the offence
and gives a full account of all the circumstances relating to it [or gives, on his or
her own initiative, assistance or information that is of substantial significance for
the establishment of his offence, the participation of other persons in the offence or
other offences.]
1)
L. 47/2015, 1. gr. b.
Under the circumstances covered in items 1-8 it may be decided that punishment
is to be waived in full.
Art. 75 If a person commits an offence in extreme mental excitement, or due to
an otherwise temporary state of mental imbalance, or if other circumstances are
such that the action is not considered as punishable as is generally the case with
offences of the same type, then punishment may be reduced and even, if the offence
is not punishable by a more severe punishment than [up to 1 year’s
imprisonment], waived. If the perpetrator put himself or herself into the condition
described through the consumption of alcohol, the application of this provision may
only be considered if there are extenuating circumstances and the perpetrator has
not previously been convicted of an offence of the same, or similar, type or of an
offence against the first or second paragraph of Article 123.
…
1)
2)
1)
L. 82/1998, 15. gr. L. 22/1955, 9. gr.
2)