Page:Criminal Code of Russian Soviet Federative Socialist Republic, 1961.pdf/19

 liability for the crime committed in close conformity with the provisions of the Basic Principles of Criminal Legislation of the USSR and the Union Republics and the General Part of the present Code. In assigning punishment the court, guided by the socialist legal philosophy, takes into account the character and degree of social danger of the crime committed, the character of the guilty party, and the circumstances of the case mitigating or aggregating liability.

'''Article 38. Circumstances mitigating liability.'''

When punishment is assigned, the following shall be considered as circumstances mitigating liability:
 * 1) the prevention, by the guilty party, of harmful consequences of the crime which was committed, or voluntary restitution for damage done, or elimination of damage done;
 * 2) the commission of a crime as a result of the concurrence of serious personal or family circumstances;
 * 3) the commission of a crime under the influence of a threat or coercion, or by reason of material, occupational, or other dependence;
 * 4) the commission of a crime for the first time as a result of a concurrence of circumstances, provided such crime does not represent a great social danger;
 * 5) the commission of a crime under the influence of strong emotion caused by the unjust acts of the injured party;
 * 6) the commission of a crime when offering defense against a socially dangerous infringement, although the limits of necessary defense have been exceeded;
 * 7) the commission of a crime by a minor;
 * 8) the commission of a crime by a women in a state of pregnancy.
 * 9) sincere contrition or confession, and active assistance in discovering a crime.

When assigning punishment the court may consider that the liability has been mitigated by other circumstances as well.

'''Article 39. Circumstances aggravating liability.'''

When punishment is assigned, the following shall be considered as circumstances aggravating liability:
 * 1) the commission of a crime by a person who has previously committed a crime.
 * The court, shall have the right, depending upon the character of the first crime, to rule that it possesses no significance as an aggravating circumstance.
 * 2) the commission of a crime by an organized group;