Extenuating circumstances

Circumstances that mitigate and aggravate punishment are prescribed in the Criminal Code. Their significance is great. Since in some cases it is from their presence or absence that the fate of the accused depends.

Certain factors can affect not only the sentence in a criminal case. There are also circumstances mitigating administrative responsibility (circumstances in this case may be aggravating).

You can refer to them:

- Pregnancy;

- difficult life circumstances;

- Minority;

- the presence of physical or mental pressure;

- service dependence;

- children under guardianship;

- violation of the limits of extreme necessity, necessary defense, reasonable risk, and so on;

- immoral or unlawful behavior of the victim;

- contributing to the investigation, turnout;

- providing the victim with medical assistance, bringing him to a medical facility.

This list is not exhaustive. For this reason, the court may also take into account any other mitigating circumstances. In general, such circumstances the law refers to the signs of crime. This means that they can not be re-accounted for when imposing punishment.

Such mitigating circumstances as the appearance of guilt, as well as rendering the first aid to the victim in the absence of aggravating circumstances mean that the accused can be convicted by up to two thirds of the alleged offense for the committed crime of the term.

The described does not concern cases when it is a question of a death penalty or life imprisonment.

A person is recognized as having committed a crime for the first time in the event that before this incident he did not commit any other crimes. This is also taken into account in cases when the limitation period for criminal prosecution has expired, the conviction has been withdrawn and so on.

A minor in this case is a person who, at the time of the commission of the crime, has not attained the age of eighteen, but has already reached the age of fourteen. It is generally believed that the psyche at this age is still being formed. This means that it is difficult for juveniles to assess the situation adequately.

Mitigating circumstances include pregnancy. This is a sign of humanism in criminal law. It is caused by care not only about the health of the woman herself, but also about the health of her unborn child.

Mitigating circumstances include the presence of young children. It is about children who have not reached the age of fourteen.

Crime, which is committed because of difficult life circumstances, is also treated more gently. We are talking about a complex family situation, illness, poor housing and material conditions. In life, it can happen that crime is the only way to correct the situation: there is nothing to feed children, there is no money to pay for an apartment and so on.

Mental and physical coercion also mitigates guilt. Under certain circumstances, both can be considered as circumstances precluding guilt. This is possible only when it will be possible to prove that the accused could not do otherwise.

The immorality and wrongfulness of the victim's behavior is also included in mitigating circumstances. Illegality means violation of any legal norms. The essence of immoral behavior is violation of the rules of etiquette, rudeness, non-compliance with morality.

Under the charge of guilty, a voluntary confession of a perfect crime, assisting in the search for accomplices and so on is understood. Turnout is not recognized as voluntary in those cases when the search began.