Publication date: 02.07.2024
active and purposeful military lawyer with more than 4 years of experience
Circumstances that mitigate punishment
Assigning a fair and adequate punishment is one of the key tasks of the court when considering criminal cases. At the same time, the circumstances that mitigate the punishment are important. Such circumstances make it possible to individualize the punishment, taking into account the specifics of the crime committed and the personality of the culprit.
In accordance with the criminal legislation, the following are recognized as mitigating circumstances:
Appearing with a confession, sincere remorse, or actively helping to solve the crime.
This circumstance indicates the person's awareness of his guilt, the desire to compensate for the damage caused and to promote justice. It demonstrates positive post-criminal changes in the offender's personality and his readiness for correction.
Voluntary compensation for the damage caused or elimination of the damage caused.This circumstance indicates the desire of the guilty party to take responsibility for the consequences of the act, as well as the presence of a sense of moral responsibility. Restitution can be seen as a form of restoring social justice.
Committing a crime as a result of a combination of serious personal, family or other circumstances.
The presence of such circumstances indicates the presence of a conflict of interests that could influence a person's decision to commit a crime. The court must carefully investigate all the circumstances of the case and assess their impact on the behavior of the guilty party.
Committing a crime under the influence of threat or coercion, in the presence of grave personal, family or other circumstances, or under the influence of a combination of grave personal, family or other circumstances.
This circumstance indicates the presence of certain external pressure on a person, which could influence his decision to commit a crime. The presence of such factors reduces the degree of public danger of the act and the degree of guilt of the person.
Committing a crime by a pregnant woman.This circumstance is related to a woman's special physiological state, which can significantly influence her psycho-emotional state and behavior. In addition, imposing a severe punishment on a pregnant woman can negatively affect her health and the health of the future child.
Committing a crime by a minor.
Minors, as a rule, have less life experience, an insufficiently formed system of value orientations and are prone to the influence of adults. Therefore, when imposing punishment on minors, the court must take into account these features and the possibility of their correction without imposing a severe punishment.
Committing a crime as a result of physical or mental coercion or due to material, official or other dependence.
This circumstance indicates the presence of certain external pressure on a person, which could significantly limit his ability to freely choose his behavior. Such pressure reduces the degree of public danger of the act and the person's guilt.
Committing a crime under the influence of strong mental excitement caused by illegal or highly morally reprehensible actions of the victim.
This circumstance indicates the presence of a certain conflict between the perpetrator and the victim, which could have provoked the commission of the crime. The court must investigate whether the actions of the victim were such as to justify the strong emotional disturbance of the perpetrator.
In addition to the above-mentioned circumstances, the court may also recognize other circumstances not provided for by law as extenuating circumstances, if they relate to the crime, the identity of the culprit, the degree of his guilt, motives, purpose and consequences of the crime.Thus, taking into account mitigating circumstances allows the court to impose a just punishment that would correspond to the degree of social danger of the committed act and the person of the culprit. This contributes to the realization of the tasks of criminal law regarding the effective protection of individuals, society and the state from criminal offenses.
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