What are extenuating circumstances? The Criminal Code does not contain a clear definition of this term. The code lists only a list of circumstances that can mitigate and therefore reduce the size of the punishment for the perpetrator. According to the law, the court is obliged to apply them when assigning a term to a convicted person. In addition, the authority is entitled to take into account other extenuating circumstances not specified in the Criminal Code. But only in this case, the court must justify the reasons for the decision in the verdict.
the main thing
A person who has committed an unlawful act may receive a punishment less than that provided for the deed, but only if there are certain extenuating circumstances. The Criminal Code of the Russian Federation contains only their approximate list, which is not exhaustive. So, for example, if the crime was committed by a teenager, then the court takes into account the age of the minor offender. Also taken into account are the living conditions of a person until that moment, until he has been brought to justice.
It should be noted that the court, as an independent and independent authority, may not take into account the circumstances prescribed in the law when sentencing an attacker. For example, a parent who has a young child, but is not involved in his upbringing and does not provide him, is unlikely to be able to count on leniency and a minimum term of imprisonment.
Indicated in the Code
When choosing a sanction for the guilty person, the court must take into account all mitigating circumstances. The Criminal Code of the Russian Federation includes the following:
- commission by a person of a crime of minimal or moderate gravity due to an accidental combination of circumstances;
- pregnancy of a woman;
- minority of the accused;
- the offender has young children;
- committing a crime in connection with difficult life circumstances or because of compassion for some person;
- illegal or immoral behavior of the victim, which was the reason for the act;
- surrender to the internal affairs bodies, as well as actively promoting the disclosure of the crime;
- the provision of medical or other assistance to the victim, voluntary compensation for property damage and non-pecuniary damage is also taken into account;
- commission of an act due to mental or physical coercion or due to material, service dependence on another person; in case of violation of the conditions of necessary defense, during the detention of an attacker, urgent need and reasonable risk, order and order.
In the event that during the period of the preliminary investigation or trial other circumstances appear that contribute to the fact that the punishment of the guilty party is significantly reduced, the court has the right to take them into account and describe the reasons for making its decision in the verdict.
Important
The presence of extenuating circumstances indicates a lesser degree of danger of the guilty person. This is considered one of the most important reasons when choosing the term and amount of punishment for what has been done. In the event that a mitigating circumstance is one of the signs of a crime, then it cannot be re-taken into account by the judicial authority.
Done for the first time
In this case, the person should not have been previously held accountable for the atrocities or his criminal record has already been extinguished or removed by the court. As a rule, authorities often prescribe this in a sentence. It also takes into account the fact that a person committed a crime of minimum or moderate gravity for the first time in connection with an accidental combination of circumstances. Indeed, this fact is recognized as a mitigating circumstance. The Criminal Code of the Russian Federation points to this in Article 61.
It is also necessary to point out that a coincidence of circumstances is ascertained only when a person led a law-abiding lifestyle, worked conscientiously, and the atrocity was not characteristic of him as a citizen.
Age
Very often, minor citizens who have not yet fully formed the psyche commit rash acts, including unlawful acts. In this case, the court takes into account the age of juvenile delinquents, and therefore they are not assigned too severe a punishment. Thus, the state shows its mercy.
The minority of the perpetrator is also indicated by Art. 61 of the Criminal Code. A mitigating circumstance it will be only for adolescents from 14 to eighteen years old.
Women in position
The pregnancy of the perpetrator should also be taken into account as a circumstance that allows reducing the term for the deed. This is indicated by Art. 61 of the Criminal Code. A mitigating circumstance this fact is considered not only because pregnancy affects the psyche and health of the girl, but also due to the fact that the expectant mother carries under the heart of the child whom she will give birth and bring up. Therefore, the latter needs the indulgence of the court.
Rules of appointment
In this case, we are talking about the fact that the authority has the right to take into account not only all existing, but also mitigating circumstances identified at the meeting. Criminal Code of the Russian Federation, Art. 61 of which directly points to this fact, also has a certain list of circumstances allowing to reduce the term of the guilty. In addition, the court in this case imposes a punishment at its discretion, based on the sanction of the article.
The greatest attention is paid to those extenuating circumstances in the presence of which the authority cannot pass a strict sentence. After all, the punishment here should not exceed 2/3 of the maximum term. Such circumstances include: confession, exposure of other accomplices of the deed, voluntary compensation for damage and compensation for non-pecuniary damage.
Comparative characteristics
In criminal law, there are not only circumstances that can reduce the term of the perpetrator, but also others that aggravate his punishment for the crime committed. Accordingly, a person who has committed his criminal intent will not be able to count on indulgence if he has already been held accountable for his actions and has a criminal record.
The existing mitigating and aggravating circumstances of the Criminal Code of the Russian Federation does not allow reuse if they are specific signs of a committed act. For example, a murder that was carried out with particular cruelty is considered a serious crime and is qualified by the court only on the basis of the sanction of Article 105 of the Criminal Code. Therefore, once again take into account the aggravating circumstance - "special cruelty" - in this case is not required.
Nuances
In the presence of exceptional circumstances mitigating the punishment, the Criminal Code of the Russian Federation permits the appointment of a guilty person for a period below the prescribed limit. This is done in very rare cases when the attacker carefully participated in the disclosure of the deed, collaborated with the investigating authorities, and wrote a sincere confession. In addition, the court takes into account the positive characteristics of the offender's place of work and residence, takes into account his marital status and the presence of dependent young children.
Death
Despite the fact that murder is a very serious crime, the person who committed it, in rare cases, can hope for the indulgence and mercy of the judiciary. In this case, the reasons and circumstances of the deed must be clarified. For example, the pregnancy of a woman and the young age of the offender will be considered extenuating circumstances in the murder. The Criminal Code of the Russian Federation identifies several types of this act in which an attacker can get the shortest term of imprisonment. These include the murder that was committed:
- mother in relation to her baby just born into the world (up to a month of the child's life);
- a person in a state of affect;
- if the limits of defense are exceeded and the person who allegedly committed a criminal act is detained.
Due to difficult life situations
In this case, the person should be sentenced below the maximum. After all, he went on to commit a crime in connection with the fact that he was in difficult life circumstances. Perhaps the latter was left without work, he had nothing to feed his family, he lost loved ones, received a disability. Since the law does not contain a clear definition of "difficult life circumstances", all of the above data can be applied to them. A person can seriously worry because of a family conflict, betrayal of a spouse or severance of a relationship with a woman. Therefore, in each criminal case there are nuances and extenuating circumstances provided for by the Criminal Code of the Russian Federation.
Due to addiction to another person
In this case, the court proceeds only from the specific circumstances of the case. But if it is established that the crime was committed by a person due to the fact that he was in material or official, as well as other dependence on another citizen, in whose interests he committed a criminal act, then the term of the guilty should be reduced on the basis of the current Criminal Code of the Russian Federation . The article “Mitigating Circumstances” also presupposes the existence of other conditions under which it is allowed to reduce sanctions to an attacker.
On practice
Judicial authorities do not always take into account as a mitigating circumstance a person's confession. And this is unlawful. After all, a person who has voluntarily confessed to the deed in accordance with the current norms of the law should receive a punishment less than that provided for by the Criminal Code. For example, a citizen who is involved in a case as a witness voluntarily admits the commission of an act. This fact is recorded in the procedural documents, but the court does not take this into account when sentencing. Accordingly, such an act is subject to appeal.
Another interesting point that often happens in the practical activities of law enforcement agencies is the active assistance of an attacker in the disclosure and investigation of acts. It consists in the fact that the person gives the police officers any information about the deed that they did not previously know. In addition, the perpetrator can take part in investigative measures, indicate the places where the physical evidence used in the commission of the crime is hidden.
Most often, courts take into account as extenuating circumstances: providing assistance to the victim immediately after the commission of the crime (calling an ambulance), voluntary compensation for harm (transferring funds to treat the injured person), apologizing. Such actions of the guilty person indicate that the citizen repented of his deed and does not pose a danger to society.
We must not forget that the judicial authority can recognize as mitigating not only the circumstances that are prescribed in the law, but also any other information about the identity of the accused and documents that positively characterize him as a respectable person. In addition, if the defendant has children, takes care of them, provides financially, that is, there is a high probability that the defendant will receive a minimum sentence.