Penal Code · English · 2015
Article 68
Mitigating Circumstances
the offender has manifested sincere repentance for the criminal activity, especially by seeking to aid the victim, surrendering to the authorities, voluntarily assisting the authorities in investigating the offence and apprehending other offenders, or by providing compensation to the victim before being ordered by a Court to do so;
#the offender committed the offence under some degree of mental impairment, provocation, necessity, defense of self or another, or coercion, although insufficient to constitute a defense under the law;
#the offender acted under the influence of another person or played only a minor role in the offence;
#the offender acted in a great distress or under the apprehension of a grave threat or justified fear, or under the influence of a person to whom he owes obedience or upon whom he depends;
#the offender acted contrary to law for the purpose of not exposing a relative or a person under his care to a criminal penalty, dishonor, or grave injury;
#the offender's participation in the criminal activity was due to youthfulness, lack of intelligence, a mistake of fact or ignorance of law, ignorance or simplicity of mind, or that the offender’s acts were prompted by honorable or disinterested motives; and
#The Court may rely on any other mitigating factors that are supported by evidence and that are relevant in determining the sentence, but before imposing the sentence the Court shall record those circumstances and the evidence upon which they are based.
#When the law, elsewhere in this Code or in any other provision, has already taken a mitigating circumstance into consideration as a constituent element or as a factor in mitigation of an offence, a Court may not take this mitigation into account again in determining the sentence.
#The Court shall, by direction of the Mitigating Circumstances Chart in Annex III to this Code, determine the penalty within the limits specified in the relevant provisions of the Special Part, taking into account the nature and the multiplicity of grounds of mitigation, if necessary by going to the extent of imposing the minimum sentence enacted. Where circumstances warrant such minimum is binding upon the Court.
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