KáhaLex

Article 11 — Sentencing Principles

  1. 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.
  2. The competent authority shall take into account the following aggravating factors, where applicable:
    1. Abuse of public office or a position of trust.
    2. Vulnerability of the victim.
    3. Repeated or persistent offending.
    4. Use of State systems or instruments to commit the offence.
    5. Substantial harm caused to the victim, the State, or the community.
    6. Commission of the offence as part of organised activity.
  3. The competent authority shall take into account the following mitigating factors, where applicable:
    1. Cooperation with the authorities during the investigation or proceedings.
    2. Restitution or reparation made to the victim.
    3. The offence is a first offence.
    4. Genuine remorse demonstrated by the offender and steps taken to prevent recurrence.
    5. Youth of the offender, being a person aged fourteen to seventeen years in accordance with Article 8.
    6. Provocation or contribution of the victim to the circumstances giving rise to the offence.
  4. 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.
  5. 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.