When deciding penalties, the courts shall base themselves on the provisions of the
Penal Code, taking into consideration the nature and extent of danger posed to
society by the acts of offense, the personal records of the offenders, and any
circumstances that extenuate or aggravate the penal liability.
Article 46.- Circumstances extenuating penal liability
1. The following circumstances are considered as extenuating the penal liability:
a) Offenders have prevented and/or reduced the harm caused by their offenses;
b) Offenders volunteer to repair, compensate for the damage or overcome the
consequences;
c) Crimes are committed in cases where it is beyond the limit of legitimate defense;
d) Crimes are committed in cases where it is beyond the requirements of the urgent
situation;
e) Crimes are committed in cases where offenders are mentally incited by the illegal
acts of the victims or other persons;
f) Crimes are committed due to particular difficulty plights not caused by
themselves;
g) Crimes are committed but no damage or minor damage is caused;
h) Crimes are committed by first time offenders and in cases of less serious crimes;
i) Crimes are committed due to threats and/or coercion by other persons;
j) Crimes are committed due to ignorance;
k) Offenders are pregnant women;
l) Offenders are aged persons;
m) Offenders are persons suffering from illnesses that restrict their cognitive
capability or the capability to control their acts;
n) Offenders give themselves up;
o) Offenders make honest declarations and reports and show their repentance;
p) Offenders who actively help responsible bodies detect and investigate the crimes;
q) The offenders have redeemed their faults with achievements;
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents