Mitigating Circumstances


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Related to Mitigating Circumstances: Extenuating circumstances

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.

References in periodicals archive ?
The CA found Espina guilty of simple misconduct and "there being no aggravating or mitigating circumstance," it imposed on him a three-month suspension reckoned from the time he was actually dismissed from service.
[begin strikethrough]is presented in order that you might determine, first, whether sufficient aggravating circumstances exist that would justify the imposition of the death penalty and, second, whether there are mitigating circumstances sufficient to outweigh the aggravating circumstances, if any.
Stylianou is also not convinced that the mitigating circumstances justify a suspended sentence.
Burnett would normally have received a two-year suspension, but this was reduced because of mitigating circumstances he offered.
Burnett (pictured right) would normally have received a two-year suspension, but this was reduced because of mitigating circumstances he offered.
The organisation has nevertheless said the promoter of this month's gig at Alnwick Castle could cite mitigating circumstances if something happened which was out of its control.
"There is a chance the promoter/venue has a clause in their contract that if something happens which is out of their control there is mitigating circumstances. You will need to check your terms and conditions to see if this is the case.
Capital Sentence Ambiguity Regarding Mitigating Circumstances and the Use of Causal Nexus--Poyson v.
"(The) NCUA is reviewing the cases to determine whether any of the late filers have mitigating circumstances that warrant a waiver of penalties," the agency said in a release.
On one of the wettest afternoons regulars could recall, the stewards took account of a combination of mitigating circumstances after all eight jockeys in a reduced field - also among them Kingman's partner James Doyle - failed to respond to the yellow recall flag and completed the course, despite starter James Stenning having called a false start in the belief Taurus Twins had burst the gates and gained an unfair advantage.
look for mitigating circumstances when a person has committed murder?
Danny even tries to get Nana McQueen onside, and asks her to convince her grandson that he should plead mitigating circumstances.