Mitigating Circumstances

Mitigating Circumstances in Europe

Multiple Mitigating Circumstances in Germany

Provisions relating to multiple mitigating circumstances in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the Second Title, Sentencing,” located in Section 50 Multiple mitigating circumstances, which reads: A circumstance which alone or together with other circumstances justifies the assumption of a mitigated offence under the provisions of the special part and which is also a special statutory mitigating circumstance for the purposes of section 49, may only be considered once.

Special Mitigating Circumstances Established by Law in Germany

Provisions relating to special mitigating circumstances established by law in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the Second Title, Sentencing,” located in Section 49 Special mitigating circumstances established by law, which reads: (1) If the law requires or allows for mitigation under this provision, the following shall apply: Imprisonment of not less than three years shall be substituted 1. for imprisonment for life. In cases of imprisonment for a fixed term, no more than three quarters of the statutory maximum term may be imposed. In case of a fine the same shall apply to the maximum number of daily units. 3. Any increased minimum statutory term of imprisonment shall be reduced as follows: a minimum term of ten or five years, to two years; a minimum term of three or two years, to six months; a minimum term of one year, to three months; in all other cases to the statutory minimum. (2) If the court may in its discretion mitigate the sentence pursuant to a law which refers to this provision, it may reduce the sentence to the statutory minimum or impose a fine instead of imprisonment.

Resources

Notes

  1. The content of the translated German penal code in relation to special mitigating circumstances established by law is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to multiple mitigating circumstances is current as of 2010

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