(1) Deprivation of liberty is the placement of a minor in a prison and includes a set of means of correcting social behaviour and reintegration, as well as provisions relating to the behaviour provided for in the Execution of Sentences Act and appropriate to the age, psychological characteristics and level of development of the juvenile. 2. Any person who has voluntarily withdrawn from the commission of a criminal offence shall not be criminally liable. That person shall be liable only if the constituent elements of another offence are contained in the offence actually committed. (1) The penalty provided for in the Criminal Code is a mandatory measure imposed within the limits of this Act by the court on behalf of the State on persons guilty of a criminal offence or, in the cases provided for by law, imposed by a public prosecutor by criminal means. 11. Property acquired indirectly through criminal activities means any economic benefit obtained through the continued use of property acquired directly through criminal activities, including reinvestment or transformation, or resources acquired by the person as a result of the disposition of such property, acquired by a person, as well as the fruits and profits obtained. 3. Property held by a person who maintains family, economic or other property with the person referred to in paragraph two may also be recognised as property acquired under criminal law if the value of the property is not proportionate to the lawful income of the person and if the person does not prove that the property was lawfully acquired. 3. A separate continuing offence consists of several similar related offences with a common objective if they are covered by the common objective of the offender and therefore constitute a single criminal offence taken together. 1.
In determining the nature of a coercive measure, the nature of the infringement, the damage caused and whether a coercive measure has already been applied against a legal person, account shall be taken. (2) the property of the perpetrator of a criminal offence and the joint property of a spouse, unless the separate ownership of the property of the spouses has been determined at least one year before the commencement of the offence; (31) If the penalty provided for in the relevant section of the special part of this Law provides only for a basic penalty for the offence committed, namely deprivation of liberty, nature and damage caused by the offence committed, personality of the offender and mitigating or aggravating circumstances, for the purpose of determining its duration. (6) the offence was committed beyond the conditions of necessary self-defence, extreme necessity, detention of the person who committed the offence, justified occupational risk and lawfulness of the execution of an order and order; (4) If a person has committed an offence before the age of eighteen years for which the minimum limit of the applicable custodial sentence is provided for in the penalty provided for in the relevant section of the Special Part of this Act, the court may also impose a penalty lower than that minimum limit in cases where it has admitted that an offence has been committed. aggravating circumstances. 1. Where, when imposing a penalty – deprivation of liberty – for a period exceeding three months but not more than five years, or not more than three years if a particularly serious criminal offence has been committed, a court shall, having regard to the nature of the offence committed and the damage caused, the personality of the offender and other circumstances of the case: If he is satisfied that the offender, without serving his sentence, will not commit any violation of the law in the future, he can punish him with a conditional sentence. Special confiscation of property is the forced sale of criminally acquired property or objects of a criminal offence or property associated with a criminal offence to State property without compensation. Special confiscation of property is not a punishment. 9.
The deletion or cancellation of a criminal record eliminates all criminal consequences of the offence committed, except those provided for by law, when a new offence was committed before the deletion or cancellation of the criminal record. (3) Persons who have been given a suspended sentence – one year after the end of the probationary period, but in the case of an additional sentence – one year after the end of the additional sentence. Where the sentence imposed has been served in respect of a person who has received a suspended sentence, the time limit for expungement from the criminal record shall be calculated taking into account the sentence actually served; A natural person who has reached the age of fourteen on the date of the commission of an offence may be held criminally liable. A minor, i.e. a person who has not yet reached the age of fourteen, cannot be held criminally responsible. (43) After release, a prisoner sentenced to life imprisonment who has been conditionally released before serving his sentence shall be under the permanent supervision of the prison and shall fulfil the obligations laid down by the Penal Enforcement Act and laid down by the prison. If a prisoner sentenced to life imprisonment who has been released on parole before serving his sentence does not unreasonably fulfil the obligations laid down by the Penal Enforcement Act and laid down by the institution, the court may, on the basis of a request from the prison, decide to replace the duration of supervision of parole with life imprisonment (life imprisonment). imprisonment). 1. Where a person has committed several independent offences, the court hearing the sentencing proceedings or the prosecutor shall determine the penalty separately for each offence by issuing a penalty order.