In sentencing, mitigating circumstances play a significant role, the presence of which can significantly reduce the term of imprisonment or even change the preventive measure in favor of the accused.
Instructions
Step 1
Mitigating circumstances are a combination of acts and life situations that can cause the court to condescend. Conditionally, these circumstances can be divided into two large groups: personal and psychological circumstances and external circumstances.
Step 2
The first group includes the circumstances that characterize the moral character of the accused and his psychological state. The court will commute the sentence if:
- the accused committed a crime for the first time (the socially dangerous nature of his act is in the nature of an exception, and is not systematic);
- the accused committed a crime while pregnant;
- the accused committed unlawful acts out of compassion for the victim (for example, a person caring for a hopeless patient disconnects him from life support devices at his personal request of the patient);
- the accused himself confessed, repented and actively helped the investigation;
- the accused provided medical and other assistance to the victim immediately after the commission of the crime;
- the accused agrees to take a number of actions aimed at compensation for harm to the victim (voluntary compensation for material and moral damage).
Step 3
Mitigating circumstances of an external nature capable of commuting a sentence:
- young children, disabled people, elderly seriously ill relatives who are dependent on the accused;
- difficult life circumstances (the presence of the latter and the degree of their influence, the court establishes on an individual basis in each specific case);
- physical or mental coercion of the accused to commit a crime by third parties (a prerequisite in this case is the presence of material, service or other dependence, as well as other mechanisms of mental pressure);
- exceeding the limits of necessary defense (this item includes the actions of the accused aimed at protecting both himself and others).
