r) The offenders are persons who have recorded outstanding achievements in
production, combat, study or work.
2. When deciding penalties, the court may also consider other circumstances as
extenuating, but must clearly inscribe them in the judgment.
3. The extenuating circumstances which have been prescribed by the Penal Code as
signs for determining crimes or determining the penalty bracket shall not be
considered extenuating circumstances for the purpose of deciding penalties.
Article 47.- Deciding penalties lighter than those prescribed by the Penal Code
Where there exist at least two extenuating circumstances as provided in Clause 1,
Article 46 of this Code, the courts may decide a penalty under the lowest level of the
penalty bracket stipulated by the law, which, however, must lie within the adjacent
lighter penalty bracket of the law; where the law contains only one penalty bracket
or such penalty bracket is the highest penalty bracket of the law, the courts may
decide a penalty below the lowest level of the bracket or move to another penalty of
lighter category. The reasons for such reduction must be clearly inscribed in the
judgement.
Article 48.- Circumstances aggravating the penal liability
1. Only the following circumstances are considered circumstances aggravating penal
liability:
a) Committing crimes in an organized manner;
b) Committing crimes in a professional manner;
c) Abusing positions and powers in order to commit crimes;
d) Committing crimes in a hooligan manner;
e) Committing crimes with despicable motivation;
f) Intentionally carrying out crimes to the end;
g) Re-offending, recidivism, dangerous recidivism;
h) Committing crimes against children, pregnant women, aged persons, persons
unable to defend themselves or persons dependent on offenders in material and/or
moral conditions, work or other ways;
i) Infringing upon the State•s property;
j) Committing crimes causing serious, very serious or particularly serious
consequences;
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