What to be cited for a reduced sentence?

LEGAL DEFENSE

WHAT TO BE CITED FOR A REDUCED SENTENCE?

April 9, 2025

The Criminal Code determines the type and range of penalties for each offense, which can sometimes vary significantly. When imposing a sentence, the court considers both mitigating and aggravating circumstances, making their assessment crucial in determining the final punishment.

Mitigating circumstances fall into two categories. Personal factors related to the offender and objective factors arising from the nature of the offense. Below are the most common mitigating circumstances without claiming to be exhaustive.

Mitigating Circumstances Related to the Offender:

No prior criminal record: Having no previous convictions is a mitigating factor unless the offender is a young adult or committed the crime while holding a position requiring a clean record.
Age: Being close to the minimum age of criminal responsibility or of advanced age can be a mitigating factor.
Lack of education or limited intellectual capacity: A low level of education or intellectual capacity may be mitigating, except in cases where the severity and unlawfulness of the crime are universally understood (e.g., murder, robbery).
Diminished mental capacity: If the offender has a limited ability to comprehend their actions, it can be considered mitigating.
Confession and remorse: A full confession and genuine remorse are mitigating, particularly if they help in solving the case.
Self-reporting: If the offender voluntarily reports the crime, facilitating its detection, it may serve as a mitigating factor.
Illness or disability: A significant illness or disability, particularly if it develops after the crime, can be a mitigating factor as it may make serving a sentence more difficult.
Providing for others: If the offender provides for multiple people, this can be taken into account as a mitigating factor.
Socially beneficial activities: Regular participation in charitable or socially valuable activities can also serve as a mitigating factor.

Mitigating Circumstances Related to the Offense:

Passage of time: A long period between the commission of the crime and the sentencing may be mitigating, particularly if it approaches the statute of limitations.
Victim’s contribution: If the victim’s provocative or reckless behavior played a role in the offense, it may be mitigating—provided it does not constitute self-defense.
Compensation of damages: If the offender fully or partially compensates the damage caused, this is considered mitigating.
Motive of the crime: If the offense was committed for a justifiable or understandable reason (e.g., acting in the perceived public interest), it may serve as a mitigating factor.

It is important to note that courts assess these circumstances on a case-by-case basis, so the exact extent of a sentence reduction cannot be predetermined.

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LEGAL DEFENSE