Article 11 — Sentencing Principles
- Every sanction imposed under this Code must be proportionate to the gravity of the offence, the degree of culpability of the offender, and the circumstances of the case.
- The competent authority shall take into account the following aggravating factors, where applicable:
- Abuse of public office or a position of trust.
- Vulnerability of the victim.
- Repeated or persistent offending.
- Use of State systems or instruments to commit the offence.
- Substantial harm caused to the victim, the State, or the community.
- Commission of the offence as part of organised activity.
- The competent authority shall take into account the following mitigating factors, where applicable:
- Cooperation with the authorities during the investigation or proceedings.
- Restitution or reparation made to the victim.
- The offence is a first offence.
- Genuine remorse demonstrated by the offender and steps taken to prevent recurrence.
- Youth of the offender, being a person aged fourteen to seventeen years in accordance with Article 8.
- Provocation or contribution of the victim to the circumstances giving rise to the offence.
- Where multiple offences are charged, sanctions may be imposed concurrently or consecutively; however, the total burden of sanctions must remain proportionate to the overall culpability of the offender.
- The competent authority must give written reasons for the sanctions imposed, specifying the factors taken into account under paragraphs 2 and 3 of this Article.
How to cite
CRIMINAL art. 11 — Article 11 — Sentencing Principles, Legal Codes of the Principality of Kaharagia.