1. JUDr. Petr Valný/PRN BOA
Mitigating circumstances
JUDr. Petr Valný/PRN BOA
Moderné vzdelávanie pre vedomostnú spoločnosť / Projekt je spolufinancovaný zo zdrojov EÚ
OA Rožňava – moderná škola ITMS kód Projektu
Obchodná akadémia, Akademika Hronca 8, Rožňava

2. OBSAH Mitigation circumstances 9. Influence of situation
Justified emotional distress
Lack of knowledge
Consequences of illness
Age close to juvenile or elderly
Pressure of dependency or subordination
Threat or coercion
Emergency
9. Influence of situation
10. Averting an attack
Leading a regular life
12. Elimination of adverse effects
13. Confession
14. Reporting to the police
15. Co-operation with the police
16. Contribution to identification
17. Zdroje
Moderné vzdelávanie pre vedomostnú spoločnosť
Projekt je spolufinancovaný zo zdrojov EÚ

3. Mitigating circumstances

4. If the weight of mitigating circumstances prevails, maximum statutory penalty shall be reduced by one third.

5. Mitigating circumstance shall be as follows the offender has committed the criminal offence:

6. in a state of justified emotional distress
For example feeling of unjustice, cheating, humiliation or jealousy

7. because of the lack of knowledge or experience

8. due to the consequences of an illness
They are such circumstances which unfavourably influence psychical qualities of the offender respectively his sensitive or locomotion abilities

9. at an age close to that of the juveniles or as an elderly person
It is concerned the offender at an age from 18 to 21 years respectively the offender older than 60 years Process of maturation as well process of aging is strictly individual and therefore the court has to find out whether mentioned age has influence on reasonal and will ability of the offender

10. under the pressure of dependency of subordination
Dependency is consequence of family and emotional relations (for example child is dependent on parent, wife is dependent on husband ) Subordination is consequence of labour or service relations ( for example the employee is subordinate to the employer, the soldier is subordinate to the superior )

11. under threat or coercion
It is active affection on the offender´s mind in the form of psychical violence or threats of physical violence

12. due to an emergency that he did not bring about himself
Emergency represents condition in which the offender is not able to secure elementary material conditions for his existence respectively existence of his family or close persons

13. under the influence of a stressful personal or family situation, which he did not cause himself
For example it is serious disease of the offender or his close family member or at disintegration of the marriage

14. trying to avert an attack or other danger without fully meeting the requirements of necessary self-defence or extreme necessity

15. had led a regular life before he committed the criminal offence
Offender kept legal order, had not broken citizen´s coexistence, had not committed contraventions or criminal offences

16. contributed to the elimination of adverse effects of the criminal offence, or voluntarily offered compensation for inflicted damage,
Damage must be paid by the offender in full amount and voluntarily

17. confessed to having committed the criminal offence, and showed signs of effective repentance,
Offender himself described circumstances under those he had committed the criminal offence and by his attitude and behaviour after commission of criminal offence he had manifested sincere effort for correction or apology

18. reported his criminal offence to the competent authorities
The offender voluntarily reported to the policeman or prosecutor, that he had committed criminal offence Report has to be realized by any form as well by means of the third person

19. co-operated with the competent bodies in the investigation of his criminal activities
During criminal proceedings he describes his criminal activity in detail respectively criminal activity of the other people

20. contributed to identifying or convicting an organized group, a criminal group, or a terrorist group.
He is not necessary to be member of this group

21. Zdroje
Zákon 300/2005 Z. Z. Trestný zákon – obrázky