Mitigating Circumstances

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The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased.

Mitigating Circumstances


(circumstances mitigating responsibility), in criminal law, circumstances attending the commission of a crime and indicating that a particular criminal act or the criminal himself is less socially dangerous than would be the case if such circumstances had not existed.

A distinction is made between mitigating circumstances that are an inseparable element of a crime and those that are not an element of a specific crime. Examples of the former are seen in the instance of a murder that takes place when the bounds of necessary defense are exceeded or in that of a premeditated murder that is committed in a state of severe mental agitation. Examples of the latter, listed in the Criminal Code of the RSFSR (art. 38), include prevention by the guilty person of harmful consequences of the crime committed and commission of the crime under the influence of a threat or compulsion.

The types of mitigating circumstances listed in the law are only intended to be examples. The court may in each specific instance recognize as mitigating circumstances other circumstances revealed during proceedings, such as irreproachable conduct of the accused in the past, military or work honors, or serious illness.

If the criminal law sanctions alternatives, then the presence of mitigating circumstances may serve as grounds for assigning the guilty person a milder punishment from among those indicated by the law, such as correctional labor instead of deprivation of freedom, or for applying a punishment that is shorter in duration. The guilty person may even be assigned a different, milder punishment than that provided by law or assigned a punishment below the statutory minimum set as the approved norm in the criminal law.

The presence of mitigating circumstances may in some cases serve as grounds for releasing the guilty person from criminal responsibility, the case then being transferred to a comrades’ court or the guilty person released on surety.

The Great Soviet Encyclopedia, 3rd Edition (1970-1979). © 2010 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
Delivering a ruling on the existence of extenuating circumstances June 20, Justice Abednego Tafa of Gaborone High Court said when viewed cumulatively, the accused's youthfulness, binge drinking and the smoking of dagga on the day he committed the offence, absence of a direct intention to murder the deceased as well as his slow development as a child, constituted extenuation.
Killing a Jew is due to "extenuating circumstances," the killer "criminally irresponsible." You don't understand because he shouted "Allahu Akhbar?" Ask the French courts.
The legal age for marriage in Israel is 18, though under extenuating circumstances, family courts are empowered to permit minors as young as 16 to get married, if a social worker clears the request.
But there were extenuating circumstances, and the markets looked through the "fake news." July and August were revised higher by a cumulative 87k.
"Due to extenuating circumstances, the timelines for the vetting process extended beyond the anticipated period," Kiraithe said.
The owners of Feline Good, which was in Meridian Court near the Gabalfa roundabout, have shut the business due to "unforeseen extenuating circumstances".
The Court of Appeals has disbarred a College Park lawyer who is no stranger to controversy.<br />In a 4-3 decision Friday, the state's highest court disbarred Walter Lloyd Blair for violating several Maryland Lawyers' Rules of Professional Conduct after he "concocted and executed a scheme" to launder drug money he got from a client, engaged in witness tampering, lied to the IRS and failed to file federal income tax returns.<br />"Here, in light of the dishonest and criminal nature of Blair's misconduct, the number of instances of misconduct, and the egregiousness of the conduct, compelling extenuating circumstances would be necessary to preclude disbarment," Judge Shirley M.
He looked flat at last week's BMW International Open, but there were extenuating circumstances with his regular caddy unavailable due to the birth of a child.
Both the convicts challenged the conviction before the SHC and after hearing both sides and examining the evidence, a division bench headed Justice Aftab Ahmed Gorar dismissed the appeals and observed that there were no mitigating or extenuating circumstances warranting lesser punishment to the accused.
Some of these will have problems other than being on zero hour contracts, for example drug problems, large debts, incapable of dealing with money and , I am sure, other extenuating circumstances.
It states:"The reality of football, even at our level, is that it is very much a results driven game, with management being held ultimately responsible no matter what extenuating circumstances might exist.
Through personal anecdotes, Crosley invites readers to first laugh at her extenuating circumstances and then join her as the crazy, unimaginable details unfold.