LIETUVOS RESPUBLIKOS

(1)and 257); 10) the crimes related to possession of narcotic or psychotropic, toxic or highly active substances (Articles 259-269); 11) crimes against the environment (Articles 270, 270

(1), 271, 272, 274). Article

1. Criminal Liability for the Crimes Committed Abroad
2. A person who has committed abroad the crimes provided for in Articles 5 and 6 of this Code shall be held criminally liable only where the committed act is recognised as a crime and is punishable under the criminal code of the state of the place of commission of the crime and the Criminal Code of the Republic of Lithuania. Where a person who has committed a crime abroad is prosecuted in the Republic of Lithuania, but a different penalty is provided for this crime in each country, the person shall be subject to a penalty according to laws of the Republic of Lithuania, however it may not exceed the maximum limit of penalty specified in the criminal laws of the state of the place of commission of the crime.
3. A person who has committed the crimes provided for in Articles 5, 6, and 7 of the Criminal Code of the Republic of Lithuania shall not be held liable under this Code where he: 1) has served the sentence imposed by a foreign court; 2) has been released from serving the entire or a part of the sentence imposed by a foreign court; 3) has been acquitted or released from criminal liability or punishment by a foreign court’s judgement, or no penalty has been imposed by reason of the statute of limitation or on other legal grounds provided for in that state. Article
4. Extradition
5. A citizen of the Republic of Lithuania who has committed a criminal act in the Republic of Lithuania or in the territory of another state may be extradited to the foreign state or surrendered to the International Criminal Court solely in accordance with a treaty to which the Republic of Lithuania is party or a resolution of the United Nations Security Council.
6. An alien who has committed a criminal act in the Republic of Lithuania or in the territory of another state shall be extradited to the respective state or surrendered to the International Criminal Court solely in accordance with a treaty to which the Republic of Lithuania is party or a resolution of the United Nations Security Council.
7. It shall be allowed not to extradite a citizen of the Republic of Lithuania or an alien where: 1) the committed act is not regarded as a crime or misdemeanour under this Code; 2) the criminal act has been committed in the territory of the State of Lithuania; 3) the person is being prosecuted for a crime of political nature; 4) the person has been convicted of the criminal act committed, acquitted or released from criminal liability or penalty; 5) the person may be subject to capital punishment for the committed crime in another state; 6) the statute of limitations for the passing or execution of a judgement of conviction has expired; 7) the person is released from penalty under an act of amnesty or by granting clemency; 8) there exist other grounds provided for by treaties to which the Republic of Lithuania is party.
8. The persons who have been granted asylum in accordance with laws of the Republic of Lithuania shall not be punishable under a criminal law of the Republic of Lithuania for the criminal acts for which they were prosecuted abroad and shall not be extradited to foreign states, except in the cases provided for by Article 7 of this Code. Article 9

(1). Surrender of a Person under the European Arrest Warrant

1. On the basis of the European arrest warrant, a citizen of the Republic of Lithuania or an alien who is suspected of commission of a criminal act in the issuing Member State or who has been imposed a custodial sentence, but has not served it shall be surrendered to the issuing Member State.
2. A citizen of the Republic of Lithuania or an alien shall be surrendered under the European arrest warrant only where the criminal act committed by him is punishable, according to laws of the issuing Member State, by a custodial sentence of at least one year and where the European arrest warrant has been issued in connection with the execution of a custodial sentence which has already been imposed, only where the duration of the sentence imposed is at least four months.
3. A citizen of the Republic of Lithuania or an alien shall not be surrendered to the issuing Member State where: 1) surrender of the person under the European arrest warrant would violate fundamental human rights and/or freedoms; 2) the person has been released in the Republic of Lithuania from penalty for the act which has been committed by him and on which the European arrest warrant is based under an act of amnesty or by granting clemency. 3) the person was convicted in the Republic of Lithuania or another state for the criminal act which he had committed and on which the European arrest warrant is based, and the sentence imposed has been served, is currently being served or may no longer be executed under the law of the sentencing Member State; 4) at the time of commission of a criminal act, the person was not of the age at which the act committed by him becomes subject to criminal liability according to criminal laws of the Republic of Lithuania; 5) the act committed does not constitute a crime or misdemeanour under this Code, within the exception of the cases when the European arrest warrant has been issued for the criminal act provided for in paragraph 2 of Article 2 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States, and the criminal laws of the issuing Member State provide for a custodial sentence of at least three years for this criminal act; 6) the person has been acquitted or released from criminal liability or punishment in the Republic of Lithuania or another Member State of the European Union for the criminal act which he has committed and on which the European arrest warrant is based; 7) the European arrest warrant has been issued for a criminal act which falls within the jurisdiction of the Republic of Lithuania under its own criminal law, and the statute of limitation for the passing of a judgement of conviction as provided for in Article 95 of this Code and the statute of limitations for the execution of the judgement of conviction as provided for in Article 96 of this Code have expired; 8) the criminal act has been committed outside the territory of the issuing Member State, and criminal law of the Republic of Lithuania could not apply to the same act where it would have been committed outside the territory of the State of Lithuania or not onboard a ship or aircraft flying the flag or displaying marks of registry of the State of Lithuania.
4. A citizen of the Republic of Lithuania or an alien may, taking into consideration facts of a case and interests of justice, be surrendered to the issuing Member State where: 1) criminal proceedings have been initiated in the Republic of Lithuania in respect of the criminal act which the person has committed and on which the European arrest warrant is based; 2) initiation of criminal proceedings in the Republic of Lithuania in respect of the criminal act committed by the person has been refused, or the criminal proceedings initiated have been terminated; 3) the European arrest warrant has been issued for the purposes of execution of a custodial sentence imposed on a citizen of the Republic of Lithuania or a person permanently residing in the Republic of Lithuania, and the Republic of Lithuania undertakes execution of this sentence; 4) the criminal act has been committed in the territory of the State of Lithuania or onboard a ship or aircraft flying the flag or displaying marks of registry of the State of Lithuania; 5) the European arrest warrant lacks the information required for the taking of a decision on the person’s surrender, and the issuing Member State fails to provide it within the time limit laid down.
5. Where the European arrest warrant has been issued for the purposes of execution of a custodial sentence imposed upon a citizen of the Republic of Lithuania or an alien, and this sentence has been imposed in absentia and where the person concerned has not been informed of the place and date of the hearing, the citizen of the Republic of Lithuania or the alien may be surrendered subject to the condition that the issuing Member State will ensure a retrial of the case at the person’s request, and the person will be present at the judgement.
6. Where the European arrest warrant has been issued for a criminal act which, under the laws of the issuing Member State, is punishable by custodial life sentence, a citizen of the Republic of Lithuania or an alien shall be surrendered subject to the condition that the laws of the issuing Member State provide for a possibility for the convict to apply for release from such penalty or mitigation thereof not later than upon serving twenty years of the custodial sentence.
7. Where the European arrest warrant has been issued for the purposes of prosecution, a citizen of the Republic of Lithuania or a permanent resident of the Republic of Lithuania may be surrendered subject to the condition that the person against whom the issuing Member State has passed a judgement will be returned to the Republic of Lithuania in order to serve the custodial sentence imposed on him at the request of the person surrendered or where the Prosecutor General’s Office of the Republic of Lithuania requires so. CHAPTER III CRIME AND MISDEMEANOUR Article
8. Types of Criminal Acts Criminal acts shall be divided into crimes and misdemeanours. Article
9. Crime
10. A crime shall be a dangerous act (act or omission) forbidden under this Code and punishable with a custodial sentence.
11. Crimes shall be committed with intent and through negligence. Premeditated crimes are divided into minor, less serious, serious and grave crimes.
12. A minor crime is a premeditated crime punishable, under the criminal law, by a custodial sentence of the maximum duration of three years.
13. A less serious crime is a premeditated crime punishable, under the criminal law, by a custodial sentence of the maximum duration in excess of three years, but not exceeding six years of imprisonment.
14. A serious crime is a premeditated crime punishable, under the criminal law, by a custodial sentence of the duration in excess of six years, but not exceeding ten years of imprisonment.
15. A grave crime is a premeditated crime punishable, under the criminal law, by a custodial sentence of the maximum duration in excess of ten years. Article
16. Misdemeanour A misdemeanour shall be a dangerous act (act or omission) forbidden under this Code which is punishable by a non-custodial sentence, with the exception of arrest. Article
17. Age at which a Person Becomes Liable under the Criminal Law
18. A person who, prior to the time of commission of a crime or misdemeanour, had attained the age of sixteen years or, in the cases provided for in paragraph 2 of this Law, fourteen years shall be considered liable under this Code.
19. A person who, prior to the time of commission of a crime or misdemeanour, had attained the age of fourteen shall be held liable for murder (Article 129), serious impairment to health (Article 135), rape (Article 149), sexual harassment (Article 150), theft (Article 178), robbery (Article 180), extortion of property (Article 181), destruction of or damage to property (paragraph 2 of Article 187), seizure of a firearm, ammunition, explosives or explosive materials (Article 254), theft, racketeering or other illicit seizure of narcotic or psychotropic substances (Article 263), damage to vehicles or roads and facilities thereof (Article 280).
20. A person who, prior to the time of commission of the dangerous act provided for by this Code, had not attained the age of fourteen years may be subject to reformative sanctions or other measures in accordance with the procedure laid down by laws of the Republic of Lithuania. Article
21. Forms of Guilt A person shall be found guilty of commission of a crime or misdemeanour where he has committed this act with intent or through negligence. Article
22. Premeditated Crime and Misdemeanour
23. A crime or misdemeanour shall be premeditated where it has been committed with a specific or general intent.
24. A crime or misdemeanour shall be committed with a specific intent where: 1) when committing it, the person was aware of the dangerous nature of the criminal act and desired to engage therein; 2) when committing it, the person was aware of the dangerous nature of the criminal act, anticipated that his act or omission might cause the consequences provided for by this Code and desired that they arise.
25. A crime or a misdemeanour shall be committed with a general intent where, when committing it, the person was aware of the dangerous nature of the criminal act, anticipated that his act or omission might cause the consequences provided for by this Code and, though he did not desire that they arise, consciously allowed the consequences to arise. Article
26. Commission of a Crime and Misdemeanour through Negligence
27. A crime or misdemeanour shall be committed through negligence where it has been committed through a criminally false assumption or criminal negligence.
28. A crime or a misdemeanour shall be committed through a criminally false assumption if the person who committed the act had anticipated that his act or omission may cause the consequences provided for by this Code, but recklessly expected to avoid them.
29. A crime or a misdemeanour shall be committed through criminal negligence if the person who committed it had not anticipated that his act or omission might cause the consequences provided for by this Code, although the person could and ought to have anticipated such a result based the circumstances of the act and his personal traits.
30. A person shall be punishable for commission of a crime or misdemeanour through negligence solely in the cases provided for separately in the Special Part of this Code. Article
31. Legal Incapacity
32. A person shall be considered legally incapacitated where, at the time of commission of an act forbidden under this Code, he was unable to appreciate the dangerous nature of the act or to control his behaviour as a result of a mental disorder.
33. A person found legally incapacitated by a court shall not be held liable under this Code for a committed dangerous act. The court may apply to him the compulsory medical treatment provided for in Article 98 of this Code. Article
34. Diminished Capacity
35. A court shall find a person to be of diminished capacity where, at the time of commission of an act forbidden under this Code, he lacked a capacity sufficient to fully appreciate the dangerous nature of the criminal act or to control his behaviour as a result of a mental disorder, even though the disorder is not a sufficient ground for finding him legally incapacitated.
36. A person who has committed a misdemeanour, a negligent or minor or less serious premeditated crime and whom a court finds to be of diminished capacity shall be liable under a criminal law, however, a penalty imposed upon him may be commuted under Article 59 of this Code, or he may be released from criminal liability and be subject to the penal sanctions provided for in Article 67 of this Code or the compulsory medical treatment provided for in Article 98 of this Code.
37. A person who has committed a serious or a grave crime and is found by a court to be of diminished capacity shall be held liable under a criminal law, however a penalty imposed upon him may be commuted under Article 59 of this Code. Article
38. Person’s Liability for a Criminal Act Committed under the Influence of Alcohol, Narcotic, Psychotropic or Other Psychoactive Substances
39. A person who has committed a criminal act under the influence of alcohol, narcotic, psychotropic or other psychoactive substances shall not be released from criminal liability.
40. A person who committed a misdemeanour, a negligent or minor or less serious premeditated crime as a result of intoxication against his will and hence lacked a capacity sufficient to fully appreciate the dangerous nature of the criminal act or to control his behaviour at the time of his conduct shall be released from criminal liability.
41. A person who has committed a serious or a grave crime under the conditions indicated in paragraph 2 of this Article shall be held liable under a criminal law, however the penalty imposed upon him may be commuted under Article 59 of this Code. Article
42. Criminal Liability of a Legal Entity
43. A legal entity shall be held liable solely for the criminal acts the commission whereof is subject to liability of a legal entity as provided for in the Special Part of this Code.
44. A legal entity shall be held liable for the criminal acts committed by a natural person solely where a criminal act was committed for the benefit or in the interests of the legal entity by a natural person acting independently or on behalf of the legal entity, provided that he, while occupying an executive position in the legal entity, was entitled: 1) to represent the legal entity, or 2) to take decisions on behalf of the legal entity, or 3) to control activities of the legal entity.
45. A legal entity may be held liable for criminal acts also where they have been committed by an employee or authorised representative of the legal entity as a result of insufficient supervision or control by the person indicated in paragraph 2 of this Article.
46. Criminal liability of a legal entity shall not release from criminal liability a natural person who has committed, organised, instigated or assisted in commission of the criminal act.
47. The State, a municipality, a state and municipal institution and agency as well as international public organisation shall not be held liable under this Code. CHAPTER IV STAGES AND FORMS OF A CRIMINAL ACT Article
48. Preparation for Commission of a Crime
49. Preparation for the commission of a crime shall be a search for or adaptation of means and instruments, development of an action plan, engagement of accomplices or other intentional creation of the conditions facilitating the commission of the crime. A person shall be held liable solely for preparation to commit a serious or grave crime.
50. A person shall be held liable for preparation to commit a crime according to paragraph 1 of this Article and an article of this Code providing for an appropriate completed crime. A penalty imposed upon such a person may be commuted under Article 62 of this Code. Article
51. Attempt to Commit a Criminal Act
52. An attempt to commit a criminal act shall be an intentional act or omission which marks the direct commencement of a crime or misdemeanour where the act has not been completed by reason of the circumstances beyond the control the offender.
53. An attempt to commit a criminal act shall also occur when the offender is not aware that his act cannot be completed, because his attempt is directed at an inappropriate target or he is applying improper means.
54. A person shall be held liable for an attempt to commit a criminal act according to paragraph 1 or 2 of this Article and an article of this Code providing for an appropriate completed crime. A penalty imposed upon such a person may be commuted under Article 62 of this Code. Article
55. Voluntary Renunciation of Completion of a Criminal Act
56. A person shall voluntarily renounce completion of a crime or a misdemeanour when he voluntarily terminates an initiated criminal act while being aware that it can be completed.
57. A person who voluntarily renounces completion of a crime or misdemeanour shall be held liable under this Code solely in cases where the committed act constitutes the body of another crime or misdemeanour.
58. When several persons participate in the commission of a criminal act, the organiser or abettor who voluntarily renounces completion of the act shall not be liable under this Code if he has made every effort within his reasonable power to prevent commission by his accomplices of the criminal act which he had organised or instigated, and this act has not been committed or has not caused any consequences. Moreover, an accessory shall not be held liable under this Code if he voluntarily refused to participate in a criminal act, informed thereof other accomplices or law enforcement institutions and that act has not been committed or it has been committed without his assistance.
59. A person who attempted to voluntarily renounce completion of a crime or misdemeanour, but failed to avoid the criminal act or its consequences shall be held liable under a criminal law, however, a penalty imposed upon him may be commuted under Article 59 of this Code. Article
60. Complicity and Types of Accomplices
61. Complicity shall be the intentional joint participation in the commission of a criminal act of two or more conspiring legally capable persons who have attained the age specified in Article 13 of this Code.
62. Accomplices in a criminal act shall include a perpetrator, an organiser, an abettor and an accessory.
63. A perpetrator shall be a person who has committed a criminal act either by himself or by involving legally incapacitated person or the persons who have not yet attained the age specified in Article 13 of this Code or other persons who are not guilty of that act. If the criminal act has been committed by several persons acting together, each of them shall be considered a perpetrator/co-perpetrator.
64. An organiser shall a person who has formed an organised group or a criminal association, has been in charge thereof or has co-ordinated the activities of its members or has prepared a criminal act or has been in charge of commission thereof.
65. An abettor shall be a person who has incited another person to commit a criminal act.
66. The accessory shall be a person who has aided in the commission of a criminal act through counselling, issuing instructions, providing means or removing obstacles, protecting or shielding other accomplices, who has promised in advance to conceal the offender, hide the instruments or means of commission of the criminal act, the traces of the act or the items acquired by criminal means, also a person who has promised in advance to handle the items acquired or produced in the course of the criminal act. Article
67. Forms of Complicity
68. Forms of complicity shall be a group of accomplices, an organised group or a criminal association.
69. A group of accomplices shall be one in which two or more persons agree, at any stage of the commission of a criminal act, on the commission, continuation or completion of the criminal act, where at least two of them are perpetrators.
70. An organised group shall be one in which two or more persons agree, at any stage of the commission of a criminal act, on the commission of several crimes or of one serious or grave crime, and in committing the crime each member of the group performs a certain task or is given a different role.
71. A criminal association shall be one in which three or more persons linked by permanent mutual relations and division of roles or tasks join together for the commission of a joint criminal act – one or several serious and grave crimes. An anti-state group or organisation and a terrorist group shall be considered equivalent to a criminal association. Article
72. Criminal Liability of Accomplices
73. Accomplices shall be held liable solely for the criminal acts as committed by the perpetrator which are covered by their intent.
74. Where a perpetrator’s criminal act was discontinued at the stage of preparation for commission of or an attempt to commit it, an organiser, an abettor and an accessory shall be held liable for complicity in preparation or attempt to commit the criminal act.
75. Where there are the circumstances eliminating, mitigating or aggravating the liability of one of accomplices, they shall not be taken into account when determining the criminal liability of other accomplices
76. An organiser, an abettor or an accessory shall be held liable under an article of the Code which provides for liability for an act committed by a perpetrator and under paragraph 4, 5 or 6 of Article 24 of this Code.
77. Members of a criminal association shall be held liable under Article 249 of this Code as perpetrators regardless of their roles in the commission of a criminal act which is covered by their intent. Article
78. Repeat Offence
79. Repeat offence shall mean a situation when a person already convicted for the commission of a premeditated crime, where his prior conviction has not expired yet or has not been expunged in accordance with the procedure laid down by laws, repeatedly commits one or several premeditated crimes. Such a person shall be considered a repeat offender.
80. Repeat offence shall be considered dangerous, and the offender may be recognised as a dangerous repeat offender by a court where this person: 1) commits a new grave crime while having an unexpired conviction for the commission of a grave crime; 2) already being a repeat offender, commits a new grave crime; 3) already being a repeat offender, where at least one of the crimes constituting a repeat offence is a grave crime, commits a new serious crime; 4) commits a new serious crime while having three prior convictions for the commission of serious crimes.
81. When passing a judgement of conviction for the most recent crime committed, a court may recognise a person as a dangerous repeat offender having regard to the offender's personality, the extent to which criminal intentions have been accomplished, the nature of participation in the commission of the crimes and other circumstances of the case.
82. When deciding on the recognition of a person as a dangerous repeat offender, a court shall have no regard to prior convictions for the crimes committed by the person before the age of 18 years, the crimes committed through negligence, the crimes for which conviction has expired or has been expunged, also the crimes committed abroad for which no liability is provided under criminal laws of the Republic of Lithuania.
83. The recognition of a person as a dangerous repeat offender shall no longer be valid if his prior convictions expire or are expunged. CHAPTER V CIRCUMSTANCES ELIMINATING CRIMINAL LIABILITY Article
84. Self-Defence
85. A person shall have the right to self-defence. He may exercise this right regardless of whether he had the possibility of avoiding the attempt or applying for assistance to other persons or authorities.
86. A person shall not be held liable under this Code where he, while acting within the limits permitted by self-defence, committed an act formally having the features of a crime or misdemeanour provided for in a criminal law when defending himself or another person, property, inviolability of a dwelling, other rights, interests of society or the State against an initiated or imminent dangerous attempt.
87. The limits of self-defence shall be exceeded when a murder is committed or a serious health impairment is caused with a specific intent, where defence has been clearly disproportionate to the nature and dangerousness of an attempt. The limits of self-defence shall not be considered to have been exceeded by reason of extreme confusion or fright caused by the dangerous attempt or an act committed in the course of defence against breaking into a dwelling.
88. A person who has exceeded the limits of self-defence shall be held criminally liable, however a penalty imposed upon him may be commuted under Article 62 of this Code. Article
89. Arrest of a Person Who has Committed a Criminal Act
90. A person shall not be held liable under this Code for his actions when he causes property damage, a minor health impairment or a serious health impairment through negligence to a person who is actively attempting to escape the arrest by chasing, attempting to stop, preventing the escape or by other actions, and a serious health impairment when arresting on the spot of a crime a person who has committed or attempted to commit a premeditated murder, provided it was not otherwise possible to arrest the person who has committed the criminal act.
91. Actions of a person restraining the resistance of a person who has committed a criminal act shall be subject to the rules for self-defence as stipulated in Article 28 of this Code. Article
92. Discharge of Professional Duty
93. A person shall not be held liable under this Code for the damage caused in charge of professional duty, provided he has not exceeded the authority granted to him by laws or other legal acts.
94. A person shall be held liable under this Code for the damage caused in charge of professional duty where he has exceeded the authority granted to him by laws or other legal acts, however a penalty imposed upon him may be commuted under Article 59 of this Code. Article
95. Immediate Necessity
96. A person shall not be held liable under the criminal law for an act committed in an attempt to avert the danger which threatens him, other persons or their rights, public or state interests, where this danger could not have been averted by other means and where the damage caused is less than the damage attempted to be averted.
97. A person who creates a dangerous situation by his actions may invoke the provisions of immediate necessity only when the dangerous situation arose through negligence.
98. A person may not justify a failure to perform a duty by invoking the provisions of immediate necessity, where he is under the obligation to act under the conditions of an increased degree of danger according to his profession, the position held or due to other circumstances. Article
99. Performance of an Assignment of a Law Enforcement Institution
100. A person acting lawfully according to the mode of conduct imitating a criminal act shall not be held liable under this Code.
101. A person shall not be held criminally liable where he participated in the activities of a criminal association or an organised group and in the criminal acts committed by it while performing another lawful assignment of a law enforcement institution and did not exceed the limits of this assignment.
102. A person shall be held criminally liable where, while acting according to the mode of conduct imitating a criminal act or performing another assignment of a law enforcement institution, he exceeded the limits of this assignment, however a penalty imposed upon him may be commuted under Article 59 of this Code.
103. Law enforcement institutions shall be the police, other bodies of pre-trial investigation and the prosecutor’s office, also entities of operational activities. Article
104. Execution of an Order
105. A person shall not be held criminally liable for an act which he committed while executing a lawful order, ordinance or instruction.
106. A person shall be held criminally liable where he executed an order, ordinance or instruction known to be unlawful.
107. A person who refuses to execute an order, ordinance or instruction which is unlawful shall not be held criminally liable. Such a person may be held liable under this Code only if the act committed by him constitutes the body of another criminal act. Article
108. Justifiable Professional or Economic Risk
109. A person shall not be held liable under this Code for the actions which, although they incur the consequences provided for by a criminal law, have been carried out with a justifiable professional or economic risk and for a publicly beneficial purpose.
110. The risk shall be deemed justifiable where the committed act is in line with the contemporary science and technology, and it was not possible to attain the specified objective by carrying out the actions not involving risk, and where the person taking the risk has taken the necessary precautions to prevent damage to the interests protected by the law. Article
111. Scientific Experiment
112. A person who incurs damage while conducting a lawful scientific experiment shall not be held liable under this Code where the experiment was conducted in compliance with scientifically approved methods, the problem under investigation is of an exceptional scientific significance and the researcher has taken the necessary precautions to prevent damage to the interests protected by the law.
113. No scientific experiment shall be permitted without the voluntary consent of the person participating in the experiment, who must be informed of the possible consequences.
114. A pregnant woman, her foetus, young child, a mentally ill person and a person in confinement may not be subjected to scientific experiments, with the except of the cases provided for by the law. CHAPTER VI RELEASE FROM CRIMINAL LIABILITY Article
115. Release from Criminal Liability When a Person or Criminal Act Loses Its Dangerousness A person who commits a criminal act shall be released from criminal liability where a court acknowledges that before opening of the hearing of the case in the court this person or the act committed thereby had lost its dangerous character due to a change in circumstances. Article
116. Release from Criminal Liability due to Minor Relevance of a Crime A person who commits a crime may be released from criminal liability by a court where the act is recognised as being of minor relevance due to the extent of the damage incurred, the object of the crime or other peculiarities of the crime. Article
117. Release from Criminal Liability upon Reconciliation between the Offender and the Victim
118. A person who commits a misdemeanour, a negligent crime or a minor or less serious premeditated crime may be released by a court from criminal liability where: 1) he has confessed to commission of the criminal act, and 2) voluntarily compensated for or eliminated the damage incurred to a natural or legal person or agreed on the compensation for or elimination of this damage, and 3) reconciles with the victim or a representative of a legal person or a state institution, and 4) there is a basis for believing that he will not commit new criminal acts.
119. A repeat offender, a dangerous repeat offender, also a person who had already been released from criminal liability on the basis of reconciliation with the victim, where less than four years had lapsed from the day of reconciliation until the commission of a new act, may not be released from criminal liability on the grounds provided for in paragraph 1 of this Article.
120. If a person released from criminal liability under paragraph 1 of this Article commits a misdemeanour or a negligent crime within the period of one year or fails, without valid reasons, to comply an agreement approved by a court on the terms and conditions of and procedure for compensating for the damage, the court may revoke its decision on the release from criminal liability and decide to prosecute the person for all the criminal acts committed.
121. If a person released from criminal liability under paragraph 1 of this Article commits a new premeditated crime within the period of one year, the previous decision releasing him from criminal liability shall become invalid and a decision shall be adopted on the prosecution of the person for all the criminal acts committed. Article
122. Release from Criminal Liability on the Basis of Mitigating Circumstances A person who commits a misdemeanour or a negligent crime may be released from criminal liability by a reasoned decision of a court where: 1) he commits the criminal act for the first time, and 2) there are at least two mitigating circumstances provided for in paragraph 1 of Article 59 of this Code, and 3) there are no aggravating circumstances. Article 39

(1). Release from Criminal Liability When a Person Actively Assisted in Detecting the Criminal Acts Committed by Members of an Organised Group or a Criminal Association 1. A person who is suspected of participation in the commission of criminal acts by an organised group or a criminal association or belonging to a criminal association may be released from criminal liability where he confesses his participation in the commission of such a criminal act or his membership of the criminal association and where he actively assists in detecting the criminal acts committed by members of the organised group or the criminal association. 2. Paragraph 1 of this Article shall not apply to a person who participated in the commission of a premeditated murder or who had already been released from criminal liability on such grounds, also to the organiser or leader of an organised group or a criminal association. Article 40. Release from Criminal Liability on Bail 1. A person who commits a misdemeanour, a negligent crime or a minor or less serious intentional crime may be released by a court from criminal liability subject to a request by a person worthy of a court’s trust to transfer the offender into his responsibility on bail. Bail may be set with or without a surety. 2. A person may be released from criminal liability by a court on bail where: 1) he commits the criminal act for the first time, and 2) he fully confesses his guilt and regrets having committed the criminal act, and 3) at least partly compensates for or eliminates the damage incurred or undertakes to compensate for such where it has been incurred, and 4) there is a basis for believing that he will fully compensate for or eliminate the damage incurred, will comply with laws and will not commit new criminal acts. 3. A bailsman may be parents of the offender, close relatives or other persons worthy of a court’s trust. When taking a decision, the court shall take account of the bailsman’s personal traits or nature of activities and a possibility of exerting a positive influence on the offender. 4. The term of bail shall be set from one year up to three years. 5. When requesting to release a person on bail with a surety, a bailsman shall undertake to pay a surety in the amount specified by a court. Taking account of a bailsman’s personal traits and his financial situation, the court shall specify the amount of the surety or decide on release from criminal liability on bail without a surety. The bail bond shall be returned upon the expiry of the term of bail where a person subject to bail does not commit a new criminal act within the term of bail as laid down by the court. 6. A bailsman shall have the right to withdraw from bail. In this case, a court shall, taking account of the reasons for a withdrawal from bail, decide on the return of a surety, also on a person’s criminal liability for the committed criminal act, appointment of another bailsman or the person’s release from criminal liability. 7. If a person released from criminal liability on bail commits a new misdemeanour or negligent crime during the term of bail, a court may revoke its decision on the release from criminal liability and shall decide to prosecute the person for all the criminal acts committed. 8. If a person released from criminal liability on bail commits a new premeditated crime during the term of bail, the previous decision releasing him from criminal liability shall become invalid and the court shall decide to prosecute the person for all the criminal acts committed. CHAPTER VII PENALTY Article 41. Penalty and Purpose Thereof 1. A penalty shall be a measure of compulsion applied by the State, which is imposed by a court’s judgement upon a person who has committed a crime or misdemeanour. 2. The purpose of a penalty shall be: 1) to prevent persons from committing criminal acts; 2) to punish a person who has committed a criminal act; 3) to deprive the convicted person of the possibility to commit new criminal acts or to restrict such a possibility; 4) to exert an influence on the persons who have served their sentence to ensure that they comply with laws and do not relapse into crime; 5) ensure implementation of the principle of justice. Article 42. Types of Penalties 1. The following penalties may be imposed on a person who commits a crime: 1) deprivation of public rights; 2) deprivation of the right to be employed in a certain position or to engage in a certain type of activities; 3) community service; 4) a fine; 5) restriction of liberty; 6) arrest; 7) fixed-term imprisonment; 8) life imprisonment. 2. The following penalties may be imposed on a person who commits a misdemeanour: 1) deprivation of public rights; 2) deprivation of the right to be employed in a certain position or to engage in a certain type of activities; 3) community service; 4) a fine; 5) restriction of liberty; 6) arrest. 3. Only one penalty may be imposed on a person for the commission of one crime or misdemeanour. 4. In the cases provided for in Articles 63 and 64 of this Code, two penalties may be imposed. 5. If more than two penalties of a different type are imposed for several committed crimes, a court shall, when imposing a final combined sentence, select two penalties from those imposed: one of them being the most severe penalty, and the other one selected at the discretion of the court. 6. In addition to a penalty and on the basis of Articles 67, 68, 72, 721 and 722 of this Code, one or more of the following penal sanctions may be imposed upon a person who commits a criminal act – a prohibition to exercise a specific right, confiscation of property, prohibition to approach the victim, participation in the programmes addressing violent behaviour. 7. The types of penalties in respect of legal entities and peculiarities of imposition of penalties upon minors shall be stipulated by Articles 43 and 90 of this Code. Article 43. Types of Penalties in Respect of Legal Entities 1. The following penalties may be imposed upon a legal entity for the commission of a criminal act: 1) a fine; 2) restriction of operation of the legal entity; 3) liquidation of the legal entity. 2. Having imposed a penalty upon a legal entity, a court may also decide to announce this judgement in the media. 3. Only one penalty may be imposed upon a legal entity for one criminal act. 4. The sanctions of articles of the Special Part of this Code shall not specify the penalties to which legal entities are subject. In imposing a penalty upon a legal entity, a court shall refer the list of penalties specified in paragraph 1 of this Article. Article 44. Deprivation of Public Rights 1. Deprivation of public rights shall be deprivation of the right to be elected or appointed to an elected or appointed position at state or municipal institutions and agencies, undertakings or non-state organisations. 2. Deprivation of public rights shall not be specified in the sanction of an article. A court shall impose this penalty when the sanction of the article provides for the penalty of deprivation of the right to be employed in a certain position or to engage in a certain type of activities and a criminal act has been committed in abuse of public rights. 3. When imposing the penalty of deprivation of public rights, a court shall indicate which right is to be deprived. Public rights may be deprived for a period from one year up to five years. The term of this penalty shall be counted in years and months. Article 45. Deprivation of the Right to be Employed in a Certain Position or to Engage in a Certain Type of Activities 1. A court shall order deprivation of the right to be employed in a certain position or to engage in a certain type of activities in the cases provided for in the Special Part of this Code, where the offender commits a criminal act in the field of his occupational or professional activities or where, considering the nature of the criminal act committed, the court comes to the conclusion that the convicted person may not preserve the right to be employed in a certain position or to engage in a certain type of activities. 2. The right to be employed in a certain position or to engage in a certain type of activities may be deprived for a period from one year up to five years. The term of this penalty shall not be specified the sanction of an article. It shall be specified by a court when imposing the penalty. The term of the penalty shall be counted in years and months. 3. Where the penalty of deprivation of the right to be employed in a certain position or to engage in a certain type of activities is imposed in conjunction with imprisonment or arrest, it shall be imposed for the entire term of imprisonment or arrest and for a period ordered by a court to commence after the term of imprisonment or arrest has been served. Article 46. Community Service 1. Community service shall be ordered by a court in the cases provided for in the Special Part of this Code. The penalty of community service may be imposed only with the consent of the convict. 2. Community service may be imposed for a period from one month up to one year. The term of the penalty shall be counted in months. A person sentenced to perform community service shall be under the obligation to work for the community without remuneration from 10 to 40 hours per month during the time period set by the court. 3. The sanction of an article shall not indicate the time of performance and number of hours of community service. This shall be determined by a court when imposing the penalty, however this time may not exceed 480 hours for a crime and 240 hours for a misdemeanour. 4. The service to be performed by the convict shall be selected by the institution executing the penalty assisted by executive bodies of municipalities and/or a county governor’s administration. 5. Where for objective reasons a person is not able to perform the community service imposed on him by this Article, a court may release him from this penalty and impose in lieu thereof a penal sanction provided for in Chapter IX of this Code. 6. Where a person fails, for valid reasons, to perform the required number of hours of community service within a time limit laid down by a court, the court may extend the time limit for performing community service until the person performs the required number of hours. 7. Where a person evades performance of community service, the institution executing the penalty shall warn the convict of possible legal consequences. Where the person continues evading the serving of the penalty of community service upon receiving the warning, a court may, on the recommendation of the institution executing the penalty, replace community service with a fine or arrest. Community service shall be replaced with a fine or arrest in accordance with the rules specified in Articles 47, 49 and 65 of this Code. 8. Where, after a judgement becomes effective, a person refuses to perform community service, a court shall, on the recommendation of the institution executing the penalty, replace community service with a fine or arrest in accordance with the rules specified in Articles 47, 49 and 65 of this Code. Article 47. Fine 1. A fine shall be a pecuniary penalty imposed by a court in the cases provided for in the Special Part of this Code. 2. A fine shall be calculated in the amounts of minimum standard of living (MSL). The minimum amount of a fine shall be one MSL. 3. The amounts of a fine shall be determined as follows: 1) for a misdemeanour – up to the amount of 50 MSLs. 2) for a minor crime – up to the amount of 100 MSLs; 3) for a less serious crime – up to the amount of 200 MSLs; 4) for a serious crime – up to the amount of 300 MSLs; 5) for a negligent crime – up to the amount of 75 MSLs. 4. The amount of a fine for a legal entity shall be up to 50 000 MSLs. 5. The sanction of an article shall not indicate the amount of a fine for a committed criminal act. It shall be specified by a court when imposing the penalty. 6. Where a person does not possess sufficient funds to pay a fine imposed by a court, the court may, in compliance with the rules stipulated in Article 65 of this Code and subject to the convict’s consent, replace this penalty with community service. 7. Where a person evades voluntary payment of a fine and it is not possible to recover it, a court may replace the fine with arrest. When replacing the fine with arrest, the court shall act in compliance with the rules stipulated in Article 65 of this Code. Article 48. Restriction of Liberty 1. The penalty of restriction of liberty shall be imposed by a court in the cases provided for in the Special Part of this Code. 2. Restriction of liberty may be imposed for a period from three months up to two years. The term of the penalty shall be counted in years and months. 3. The persons sentenced to restriction of liberty shall be under the obligation: 1) not to change their place of residence without giving a notice to a court or the institution executing the penalty; 2) to comply with mandatory and prohibitive injunctions of the court; 3) to give an account, in accordance with the established procedure, of compliance with the prohibitive and mandatory injunctions. 4. A court may impose one or more prohibitive or mandatory injunctions in respect of a person upon whom the penalty of restriction of liberty has been imposed. 5. A court may impose the following prohibitive injunctions: 1) to refrain from visiting certain places; 2) to refrain from communicating with certain individuals or groups of individuals; 3) not to own, use, acquire, store on one’s own or transfer for safekeeping to other persons certain items. 6. A court may impose the following mandatory injunctions: 1) to stay at home at a certain time; 2) to compensate, fully or in part, for the property damage incurred by a criminal act or to eliminate such damage with his own work; 3) to take up employment or register at a labour exchange, to study; 4) to undergo a treatment against alcohol addition, drug addiction, addiction to toxic substances or a sexually transmitted disease, where the convict agrees therefor; 5) to work for no remuneration for up to 200 hours within a period laid down by a court, but not exceeding the term of restriction of liberty at health care, social care and guardianship establishments or non-state organisations caring for the disabled, the aged or other persons in need of assistance. 7. At the request of a person or other participants in criminal proceedings, a court may impose upon him other prohibitive or mandatory injunctions not provided for under a criminal law in place of those indicated in paragraphs 5 and 6 of this Article, where, in the opinion of the court, this would have a positive effect on his behaviour. 8. The number of prohibitive and mandatory injunctions imposed by a court in respect of the convict shall not be specified, however they must be co-ordinated. 9. Where for objective reasons the convict is not able to comply with the specified mandatory injunctions, a court may, on the recommendation of the institution executing the penalty, release him from this penalty and impose in its place a penal sanction provided for in Chapter IX of this Codes. 10. Where a person evades the serving of the penalty of restriction of liberty, this penalty shall be replaced with arrest in accordance with the rules specified in Articles 49 and 65 of this Code. Article 49. Arrest 1. Arrest shall be imposed by a court in the cases provided for in the Special Part of this Code. 2. Arrest shall mean a short-term imprisonment served in a short-term detention facility. The term of arrest shall be counted in days. 3. Arrest shall be imposed for a period from 15 up to 90 days for a crime and from 10 to 45 days for a misdemeanour. 4. The term of arrest for a criminal act shall not be indicated in the sanction of an article. It shall be specified by a court when imposing the penalty. 5. If arrest is imposed for a period of 45 days or less, a court may order to serve it on days of rest. Where a person violates this procedure for serving arrest, the court may decide that the procedure be changed to the regular procedure for serving arrest. 6. Arrest shall not be imposed upon pregnant women and may be not imposed upon the persons raising a child under the age of 3 years taking into consideration interests of the child. Article 50. Fixed-term Imprisonment 1. Fixed-term imprisonment shall be imposed by a court in the cases provided for in the Special Part of this Code. The term of the penalty shall be counted in years, months and days. 2. The penalty of a fixed-term imprisonment may be imposed for a period from three months up to ten years. In the case of imposing the penalty according to Article 64 of this Code, when a new crime is committed before a sentence for the previous crime is served, a custodial sentence for a period of up to 25 years may be imposed. 3. Convicted persons shall serve a custodial sentence in open colonies, houses of correction and prisons. The place where the penalty is to be served shall be selected by a court taking into consideration the personality of the offender, the nature and dangerousness of the committed crime. The procedure for and conditions of serving the custodial sentence shall be laid down by the Penal Code. Article 51. Life Imprisonment 1. The penalty of life imprisonment shall be imposed by a court in the cases provided for in the Special Part of this Code. 2. If a criminal law provides for a possibility of commutation of the penalty of life imprisonment, the custodial sentence may be commuted to a term of not less than 25 years. 3. Convicted persons shall serve the penalty of life imprisonment in a prison. Having served the first ten years of the sentence of life imprisonment, convicted persons may, in the cases and in accordance with the procedure laid down by laws, be transferred to a house of correction. The procedure for and conditions of serving the penalty of life imprisonment shall be laid down by the Penal Code. Article 52. Restriction of Operation of a Legal Entity 1. When imposing the penalty of restriction of operation of a legal entity, a court shall prohibit the legal entity from engaging in certain activities or order it to close a certain division of the legal entity. 2. Operation of a legal entity may be restricted for a period from one year up to five years. The term of this penalty shall be counted in years and months. Article 53. Liquidation of a Legal Entity When imposing the penalty of liquidation of a legal entity, a court shall order the legal entity to terminate, within the time limit laid down by the court, the entire economic, commercial, financial or professional activity and to close all divisions of the legal entity. CHAPTER VIII IMPOSITION OF A PENALTY Article 54. Basic Principles of Imposition of a Penalty 1. A court shall impose a penalty according to the sanction of an article of the Special Part of this Code providing for liability for a committed criminal act and in compliance with provisions of the General Part of this Code. 2. When imposing a penalty, a court shall take into consideration: 1) the degree of dangerousness of a committed criminal act; 2) the form and type of guilt; 3) the motives and objectives of the committed criminal act; 4) the stage of the criminal act; 5) the personality of the offender; 6) the form and type of participation of the person as an accomplice in the commission of the criminal act; 7) mitigating and aggravating circumstances. 3. Where imposition of the penalty provided for in the sanction of an article is evidently in contravention to the principle of justice, a court may, taking into consideration the purpose of the penalty, impose a commuted penalty subject to a reasoned decision. Article 55. Imposition of a Penalty upon a Person Prosecuted for the First Time for a Minor or Less Serious Premeditated Crime A court shall generally impose a non-custodial sentence upon a person prosecuted for the first time for a minor or less serious premeditated crime. In the event of imposition of a custodial sentence, the court must justify its decision. Article 56. Imposition of a Penalty upon a Repeat Offender for the Commission of a Premeditated Crime 1. A court shall generally impose a custodial sentence upon a repeat offender for the commission of a premeditated crime. 2. For the commission of a premeditated crime, a dangerous repeat offender shall be imposed a penalty more severe than the average custodial sentence prescribed by the sanction of an article for the committed crime. Another penalty may be imposed upon a dangerous repeat offender only on the grounds provided for in Article 62 of this Code. Article 57. Imposition of a Penalty for Preparation for Commission of and an Attempt to Commit a Criminal Act 1. A penalty for preparation for commission of or an attempt to commit a crime or a misdemeanour shall be imposed according to the general procedure and having regard to the dangerousness of the actions performed by the offender, the degree of accomplishment of the criminal intent and the reasons for which the criminal act was not accomplished. 2. Preparation for commission of or an attempt to commit a criminal act may, based on Article 62 of this Code, be subject to a more lenient penalty than the one provided for the completed criminal act. Article 58. Imposition of a Penalty upon Accomplices in a Criminal Act 1. A penalty shall be imposed upon accomplices in a crime or misdemeanour in accordance with the general procedure and taking into consideration the type and form of participation of the person as an accomplice in the commission of the criminal act as well as the role and nature of participation therein. 2. Members of an organised group for the commission of a crime shall be generally imposed a more severe penalty than to members of a group of accomplices. Article 59. Mitigating Circumstances 1. The following shall be considered as mitigating circumstances: 1) the offender has provided assistance to the victim or otherwise actively avoided or attempted to avoid more serious consequences; 2) the offender has confessed to commission of an act provided for by a criminal law and sincerely regrets or has assisted in the detection of this act or identification of the persons who participated therein; 3) the offender has voluntarily compensated for or eliminated the damage incurred; 4) the criminal act has been committed due to a very difficult financial condition or desperate situation of the offender; 5) the act has been committed as a result of mental or physical coercion, where such a coercion does not eliminate criminal liability; 6) the commission of the act has been influenced by a provoking or venturesome behaviour of the victim; 7) the act has been committed at the request of the victim, who is in a desperate situation; 8) the act has been committed in violation of conditions of arrest of a person who has committed the criminal act, direct necessity, discharge of professional duty or performance of an assignment of law enforcement institutions, conditions of industrial or economic risk or lawfulness of a scientific experiment; 9) the act has been committed by exceeding the limits of self-defence, where a criminal law provides for liability for exceeding the limits of self-defence; 10) the act has been committed in a state of extreme agitation caused by unlawful actions of the victim; 11) the act has been committed by a person of diminished legal capacity; 12) the act has been committed by a person intoxicated by alcohol or drugs against his will; 13) a voluntary attempt to renounce commission of the criminal act has been unsuccessful. 2. A court may also recognise as mitigating other circumstances which have not been indicated in paragraph 1 of this Article. 3. When imposing a penalty, a court shall not take into consideration a mitigating circumstance which is provided for in a law as constituting the body of a crime. Article 60. Aggravating Circumstances 1. The following shall be considered as aggravating circumstances: 1) the act has been committed by a group of accomplices. Taking into consideration the nature and extent of participation of each accomplice in the commission of the criminal act, a court shall have the right not to recognise this circumstance as aggravating; 2) the act has been committed by an organised group; 3) the act has been committed by reason of disorderly conduct or for mercenary reasons; 4) the act has been committed by torturing the victim or subjecting him to taunting; 5) the act has been committed against a young child; 6) the act has been committed against a person in a helpless state owing to an illness, disability, old age or for other reasons, in the absence of the person’s request; 7) the act has been committed against a woman known to be pregnant; 8) the act has been committed by taking advantage of a public or other person’s disaster; 9) the act has been committed by a person under the influence of alcohol, narcotic, psychotropic or other psychoactive substances, where these circumstances influenced the commission of the criminal act; 10) the act has been committed in a publicly dangerous manner or by using explosives, explosive materials or firearms; 11) the committed act has caused grave consequences; 12) the act has been committed in order to express hatred towards a group of persons or a person belonging thereto on grounds of age, sex, sexual orientation, disability, race, nationality, language, descent, social status, religion, convictions or views. 2. When imposing a penalty, a court shall not take into consideration an aggravating circumstance which is provided for in a law as constituting the body of a crime. Article 61. Imposition of a Penalty in the Presence of Mitigating and/or Aggravating Circumstances 1. When imposing a penalty, a court shall take into consideration whether only mitigating circumstances or only aggravating circumstances, or both mitigating and aggravating circumstances have been established and shall assess the relevance of each circumstance. 2. Having assessed mitigating and/or aggravating circumstances, the amount, nature and interrelation thereof, also other circumstances indicated in paragraph 2 of Article 54, a court shall make a reasoned choice of a more lenient or more severe type of a penalty as well as the measure of the penalty with reference to the average penalty. 3. The average penalty provided for by a law shall be determined as the aggregate of the minimum and maximum measure of a penalty provided for in the sanction of an article, which is subsequently divided by half. Where the sanction of the article prescribes no minimum measure of a penalty for a committed criminal act, the average penalty shall be determined on the basis of the minimum measure of a penalty fixed for that type of penalties. 4. Where the offender voluntarily confesses to commission of a crime, sincerely regrets it and actively assists in the detection of the crime as well as there are no aggravating circumstances, a court shall impose upon him a custodial sentence not exceeding the average penalty provided for in the sanction of an article for the committed crime or a non-custodial sentence. 5. A court may impose a custodial sentence not exceeding the average penalty provided for in the sanction of an article for the committed crime upon a person who participated in the commission of a premeditated murder, where he makes a confession regarding all the criminal acts committed by him and actively assists in the detection of the premeditated murder committed by members of an organised group or a criminal association. 6. Paragraph 5 of this Article shall not apply to the organiser or leader of a premeditated murder, organised group or criminal association. Article 62. Imposition of a More Lenient Penalty than Provided for by a Law 1. Where, a person who has committed a criminal act freely and voluntarily gives himself up or reports this act, confesses to commission thereof and sincerely regrets and/or assists pre-trial investigators and a court in detecting the criminal act and has fully or partially compensated for or eliminated the incurred property damage, a court may, having considered all the circumstances of the case, impose for every criminal act a more lenient penalty than provided for by a law. 2. Having considered all the circumstances of a case, a court may impose for every criminal act a more lenient penalty than provided for by a law also in the presence of mitigating circumstances, at least partial compensation for or elimination of property damage, if any has been incurred, and where: 1) the offender maintains the persons suffering from a grave illness or are disabled and no one else can look after them, or 2) the offender maintains young children and there would be no one to look after them if the penalty provided for by a law was imposed; or 3) the offender as an accomplice had only a secondary role in the commission of the criminal act; or 4) the act was discontinued at the stage of preparation to commit the crime or at the stage of an attempt to commit the criminal act; or 5) the act has been committed by exceeding the limits of self-defence, or 6) the act has been committed in violation of conditions of arrest of the person who has committed the criminal act, direct necessity, discharge of professional duty or performance of an assignment of law enforcement institutions, conditions of industrial or economic risk or lawfulness of a scientific experiment. 3. In the presence of the conditions indicated in paragraphs 1 and 2 of this Article, a court may: 1) impose a more lenient penalty than the minimum penalty provided for in the sanction of an article for a criminal act committed; or 2) impose a more lenient penalty than stipulated in paragraph 2 of Article 56 of this Code, or 3) impose a more lenient type of penalty than provided for in the sanction of an article for a criminal act committed. 4. A court may also, according to paragraph 3 of this Article, impose a more lenient penalty than provided for by a law upon a person who participated in the commission of a premeditated murder, where he makes a confession regarding all the criminal acts committed by him and actively assists in detecting a premeditated murder committed by members of an organised group or criminal association and where: 1) the murder has been committed as a result of a threat or coercion; or 2) the offender as an accomplice had only a secondary role in the commission of the murder, or 3) the act has been discontinued at the stage of preparation for the commission of the murder or at the stage of attempting to commit the murder. Article 63. Imposition of a Penalty for the Commission of Several Criminal Acts 1. Where several criminal acts have been committed, a court shall impose a penalty for each criminal act separately and subsequently impose a final combined sentence. When imposing a final combined sentence, the court may impose either a consolidated sentence or a fully or partially cumulative sentence. 2. Where a consolidated sentence is imposed, a more severe penalty shall cover a more lenient penalty and the final combined sentence shall be equal to the most severe penalty imposed for all the separate criminal acts. 3. Where a fully cumulative sentence is imposed, all more lenient sentences which have been imposed shall be added to the most severe penalty imposed for one of the committed criminal acts. 4. Where a partially cumulative sentence is imposed, more lenient penalties shall be added in part to the most severe penalty imposed for one of the committed criminal acts. 5. A court shall impose a consolidated sentence where: 1) there is a full concurrence of criminal acts; 2) where the committed criminal acts differ markedly in their degree of dangerousness and are assigned to different types or categories of criminal acts according to Articles 10 or 11 of this Code; 3) where a custodial sentence for a period of twenty years or life imprisonment has been imposed for the commission of one of the criminal acts. 6. Where imposing a final sentence a part of the imposed sentences may be consolidated, whereas others may only be fully or partially accumulated, a court shall combine sentences by way of consolidation and accumulation of sentences. A court shall make a choice of the procedure for combining sentences upon assessing the nature and dangerousness of the committed criminal acts. 7. When a penalty is imposed on the grounds provided for in paragraph 1 of this Article, a final combined sentence may not exceed twenty years of imprisonment, whereas in the cases when a penalty of another type is imposed, the penalty may not exceed the maximum penalty established for this kind of penalty in this Code. 8. A court may not impose a combined sentence of a type which has not been imposed for the individual criminal acts. 9. A penalty shall be imposed according to the rules stipulated in this Article also in the cases when following the passing of a judgement it is established that a person had committed one more crime or misdemeanour prior to the passing of the judgement in the first case. In this case, the fully or partially served sentence imposed by the previous judgement shall be included in the term of the sentence. 10. A person shall not be considered to have committed several criminal acts where he has committed a continuous criminal act. Article 64. Imposition of a Penalty in the Event of Commission of a New Criminal Act before a Sentence is Served 1. Where a convicted person commits a new criminal act before serving an imposed sentence, or where a person who has been given a suspended sentence commits a new criminal act during the period of suspension of the sentence, or where a person released on parole commits a new criminal act during the undischarged term of the sentence, a court shall impose a combined sentence upon imposing a penalty for the new crime or misdemeanour. When imposing a combined sentence, the court may impose a fully or partially cumulative sentence. 2. When imposing a fully cumulative sentence, a court shall add the entire part of the sentence not served yet to a penalty imposed by a new judgement. 3. When imposing a partially cumulative sentence, a court shall add a part of the undischarged term of a sentence not served yet to a penalty imposed by a new judgement. Where the part of the undischarged term of the sentence is larger, a part of the penalty imposed by the new judgement shall be added to the former part. 4. When a penalty is imposed on the grounds provided for in paragraph 1 of this Article, a combined sentence may not exceed twenty-five years of imprisonment, whereas in the cases when a penalty of another type is imposed, the penalty may not exceed the maximum penalty established for this kind of penalty in this Code. 5. Where a penalty of life imprisonment is imposed for one of the crimes committed, sentences shall be combined by consolidation and the combined sentence shall be life imprisonment. Article 65. Rules of Cumulation of Sentences and Replacement of Penalties 1. The cumulation of imposed sentences as well as replacement of some penalties with others shall be governed by the following rules: 1) one day of imprisonment shall be held equivalent to:

1. a)one day of arrest (1:1);
2. b)two days of restriction of liberty (1:2); 2) one day of arrest shall be held equivalent to:
3. a)a fine in the amount of 2 MSLs (1:2);
4. b)six hours of community service (1:6);
5. c)two days of restriction of liberty (1:2); 3) one day of restriction of liberty shall be held equivalent to:
6. a)three hours of community service (1:3);
7. b)a fine in the amount of 1 MSL (1:1); 4) a fine in the amount of 1 MSL shall be held equivalent to six hours of community service. 2. When imposing a combined sentence in the cases provided for in Articles 63 and 64 of this Code, a court shall replace a more severe penalty with a more lenient one. A fine may not be substituted and shall be imposed in conjunction with another penalty. Double replacement of penalties shall be prohibited. Article 66. Inclusion of the Period of Remand in a Penalty Imposed 1. When imposing a penalty upon a person subject to remand/arrest, a court must include this period in the term of an imposed penalty. 2. The period of remand/arrest shall be included in the term of an imposed penalty in accordance with the rules set forth in paragraph 1 of Article 65 of this Code, where one day of remand/arrest shall be held equivalent to one day of imprisonment or arrest, a fine in the amount of two MSLs, six hours of community service, two days of restriction of liberty. CHAPTER IX PENAL SANCTIONS AND IMPOSITION THEREOF Article 67. Purpose and Types of Penal Sanctions 1. Penal sanctions must assist in implementing the purpose of a penalty. 2. An adult person released from criminal liability on the grounds provided for in Chapter VI of this Code or released from a penalty on the grounds provided for in Chapter X of this Code may be subject to the following penal sanctions: 1) prohibition to exercise a special right; 2) compensation for or elimination of property damage; 3) unpaid work; 4) payment of a contribution to the fund of crime victims; 5) confiscation of property; 6) prohibition to approach the victim; 7) participation in the programmes addressing violent behaviour. 3. Prohibition to exercise a special right, confiscation of property, prohibition to approach the victim, participation in the programmes addressing violent behaviour may be imposed in conjunction with a penalty. 4. A minor released from criminal liability on the grounds provided for in Chapter VI or Chapter XI of this Code or released from a penalty on the grounds provided for in Chapter X of this Code may be subject to confiscation of property. 5. A legal entity may be subject to confiscation of property. 6. When imposing two or more penal sanctions, the compatibility of the sanctions and the possibility of their corrective effect upon the convicted person must be taken into consideration. Article 68. Prohibition to Exercise a Special Right 1. A court may prohibit a person from exercising special rights (the right to drive land vehicles, air- or water-borne vehicles, the right to hold and carry a weapon, the right to hunt, the right to fish, etc.) in the cases when a person committed a criminal act while exercising these rights. 2. A court shall prohibit to exercise special rights for a period from one year up to three years. The term shall be counted in years, months and days. 3. When prohibiting a person from exercising special rights, a court shall specify which right or rights he is prohibited from exercising as well as the term of validity of such a prohibition. Article 69. Compensation for or Elimination of Property Damage 1. A court shall order compensation for or elimination of property damage when damage has been caused to a person, property or the natural environment as a result a crime or misdemeanour. 2. The amounts received by the victim from insurance or other institutions to cover the damage incurred shall not be included in the amount of the damage to be compensated for. 3. Damage must be compensated for or eliminated within a time limit laid down by a court. Article 70. Unpaid Work 1. A court shall order performance of 20 up to 100 hours of unpaid work at health care, social care and guardianship or other state or non-state bodies and organisations. When imposing unpaid work, a court shall lay down a time limit for performance thereof. This term may not be longer than one year. 2. Unpaid work shall be performed only subject to the consent of a person. Article 71. Payment of a Contribution to the Fund of Crime Victims A court may order payment of a contribution in the amount from 5 up to 25 MSLs to the fund of crime victims. The contribution must be paid within a time limit laid down by the court. Article 72. Confiscation of Property 1. Confiscation of property shall be the compulsory uncompensated taking into the ownership of a state of any form of property subject to confiscation and held by the offender, his accomplice or other persons. 2. Confiscation of property shall be applicable only in respect of the property used as an instrument or a means to commit a crime or as the result of a criminal act. A court must confiscate: 1) the money or other items of material value delivered to the offender or his accomplice for the purpose of commission of the criminal act; 2) the money and other items of material value used in the commission of the criminal act; 3) the money and other items of material value obtained as a result of the commission of the criminal act. 3. The property transferred to other natural or legal persons shall be confiscated regardless of whether or not those persons are subject to criminal liability, where: 1) the property has been transferred to them for the purpose of commission of a criminal act; 2) when acquiring the property, they were aware, or ought to have been aware and could have been aware that this property, money or the valuables newly acquired by means thereof have been gained from of a criminal act. 4. The property transferred to other natural or legal persons may be confiscated regardless of whether or not a person who has transferred the property is subject to criminal liability, where this person ought to and could have been aware that that property may be used for the commission of a serious or grave crime. 5. Where the property which is subject to confiscation has been concealed, consumed, belongs to third parties or cannot be taken for other reasons, a court shall recover from the offender, his accomplices or other persons indicated in paragraphs 2, 3 and 4 of this Article a sum of money equivalent to the value of the property subject to confiscation. 6. Minors shall be subject only to the compulsory confiscation of property provided for in paragraphs 2 and 3 of this Article. 7. When ordering confiscation of property, a court must specify the items subject to confiscation or the monetary value of the property subject to confiscation. Article 721. Prohibition to Approach the Victim 1. A court may impose a prohibition to approach the victim where this is necessary with a view to protecting the legitimate interests of the victim. 2. Upon imposition of prohibition to approach the victim, the offender shall be prohibited, until the expiry of a time limit laid down by a court, from communicating and seeking contacts with the victim, visiting the indicated places at which the victim is usually present. 3. Upon imposition of prohibition to approach the victim and where the offender and the victim share the same residential premises, a court shall place the offender under the obligation to reside separately until the expiry of a time limit laid down by the court or until solving of the issue of granting of the right to live in those residential premises to the victim or to the offender. Article 722. Participation in the Programmes Addressing Violent Behaviour A court shall place under the obligation to participate in violence correction programmes the persons who have committed criminal acts in respect of a close relative or family member. This instruction must be complied with within a time limit laid down by the court. Article 73. Imposition of Penal Sanctions 1. A court shall impose penal sanctions in compliance with provisions of this Chapter. 2. Penal sanctions shall not be combined with penalties and shall be executed separately. Article 74. Legal Consequences of Non-Compliance with Penal Sanctions 1. Any penal sanction imposed by a court and provided for in subparagraphs 2, 3 and 4 of paragraph 2 of Article 67 of this Code which the person cannot comply with for valid reasons may, at his request, be replaced with another penal sanction. Where a person does not give his consent to perform unpaid work following the coming into effect of a court judgement, the court shall, on the recommendation of the institution executing the penal sanction, replace unpaid work with another penal sanction. 2. In respect of a person who evades compliance with the penal sanction imposed upon him (with the exception of property confiscation), a court may, on the recommendation of the institution executing the penalty, impose a penalty according to Article 243 of this Code. In this case, imposition of the penalty shall not release the convict from the duty to comply with the imposed penal sanction. CHAPTER X SUSPENSION OF A SENTENCE AND RELEASE FROM A PENALTY Article 75. Suspension of a Sentence 1. Where a person is sentenced to imprisonment for a term not exceeding three years for the commission of one or several minor or less serious premeditated crimes or not exceeding six years for the crimes committed through negligence, a court may suspend the imposed sentence for a period ranging from one to three years. The sentence may be suspended where the court rules that there is a sufficient basis for believing that the purpose of the penalty will be achieved without the sentence actually being served. 2. When suspending a sentence, a court shall impose on the convict a penal sanction provided for in Chapter IX of this Code and/or one or more of the following mandatory injunctions: 1) to compensate for or eliminate the property damage incurred by a crime; 2) to offer an apology to the victim; 3) to provide assistance to the victim during the latter’s medical treatment; 4) to take up employment or register at a labour exchange, not to change employment without the consent of the court; 5) to undertake studies, resume studies or acquire a specialty; 6) to undergo a treatment against alcohol addition, drug addiction, addiction to toxic substances or a sexually transmitted disease, where the convict agrees therefor; 7) not to leave his place of residence for a period exceeding seven days without the consent of the institution supervising suspension of the sentence. 3. When imposing the mandatory injunctions provided for in paragraph 2 of this Article, a court shall lay down a time limit within which the convict must comply therewith. 4. Where, during the period of suspension of sentence, the convicted person: 1) complied with the penal sanction and/or the mandatory injunctions imposed by a court, committed no violations provided for in subparagraph 3 of this paragraph, and there is a basis for believing that in the future the person will abide by the law and will not commit any further criminal acts, the court shall release the convicted person from a penalty upon the expiry of the term of suspension of sentence; 2) complies with the penal sanction and/or mandatory injunctions imposed by the court, however committed other offences and was imposed administrative penalties or disciplinary sanctions, the court may extend the period of suspension of the sentence for one year; 3) fails, without valid reasons, to comply with the penal sanction and/or mandatory injunctions imposed by the court or violates public order, abuses alcohol or commits other offences for which administrative penalties or disciplinary sanctions have been imposed upon him at least twice, the court shall, on the recommendation of the institution supervising the conduct of the convicted person, warn the convicted person that suspension of the sentence may be revoked. Where the convicted person further fails to comply with the penal sanction and/or mandatory injunctions imposed by the court or commits offences, the court shall, on the recommendation of the institution supervising the conduct of the convicted person, rule on the revocation of suspension of the sentence and execution of the sentence; 4) commits a new criminal act, the court shall impose a penalty upon him according to the rules provided for in Article 64 of this Code. Article 76. Release from a Penalty due to an Illness 1. A person who committed a criminal act may be released from a penalty where, before a judgement is passed by a court, he contracts a terminal illness rendering him unable to serve the sentence. In such a case, the court shall, when passing a judgement of conviction, impose a penalty upon this person and release him from serving the sentence The court shall decide this issue taking into consideration the gravity of the committed criminal act, the personality of the convicted person and the nature of the illness. 2. A person who contracts a terminal illness following the passing of a judgement may be released from serving the undischarged term of the sentence. The court shall decide this issue taking into consideration the gravity of the committed criminal act, the personality of the convicted person, his conduct while serving the sentence, the nature of the illness and the period of the sentence already served. 3. A person who, following the commission of a criminal act or imposition of a penalty, starts to suffer from a mentally disorder rendering him incapable of understanding the nature of his actions or controlling them shall be released from serving the undischarged term of the sentence. When releasing this person from a penalty, the court shall decide whether to subject him to compulsory medical treatment. In the event of convalescence of this person, he may be ordered to serve the undischarged term of the sentence. In such a case, the period during which the person was undergoing compulsory medical treatment shall be included in the term of imprisonment on a day-for-day basis. Article 77. Release from a Custodial Sentence on Parole and Replacement of the Undischarged Term of the Custodial Sentence with a More Lenient Penalty 1. A court may release a person serving a custodial sentence on parole or substitute the undischarged term of the custodial sentence with a more lenient penalty (with the exception of a fine), where this person: 1) has served:
8. a)at least one half of the imposed sentence for a negligent or minor or less serious premeditated crime; or
9. b)at least two thirds of the imposed sentence for a serious crime; or
10. b)at least three fourths of the imposed sentence for a grave crime, or where the person is a repeat offender; or
11. d)at least one third of the imposed sentence for a negligent or minor or less serious premeditated crime committed by a pregnant woman, also a single father (mother) raising a child under the age of seven years or two or more minor children, where his (her) parental powers have not been restricted by a court in respect of these children; 2) has fully compensated for the property damage incurred by a crime or has compensated for or eliminated a part thereof and has undertaken to fully compensate for or eliminate it over the undischarged term of the sentence; 3) proved by his conduct and work during the period of serving the custodial sentence that he may be released on parole or his custodial sentence may be replaced with a more lenient penalty. 2. When releasing a person on parole, a court may impose one or more mandatory injunctions provided for in paragraph 2 of Article 75 of this Code. The court shall also lay down a time limit within which the convicted person must comply with the imposed mandatory injunctions. This period may not exceed the undischarged term of the sentence. 3. Release on parole and replacement of the undischarged term of the custodial sentence with a more lenient penalty shall not apply to: 1) a dangerous repeat offender; 2) a person sentenced to life imprisonment; 3) a person who had already been released on parole and committed a new premeditated crime during the undischarged term of the sentence. 4. Where a person released on parole from a custodial sentence has complied with the mandatory injunctions imposed by a court and had not committed the violations provided for in paragraph 5 of this Article until the expiry of the term of the custodial sentence, he shall be considered to have served the sentence. 5. Where a person released on parole from a custodial sentence fails, without valid reasons, to comply with the mandatory injunctions imposed by a court or violates public order, abuses alcohol or commits other offences for which administrative penalties or disciplinary sanctions have been imposed upon him at least twice, the court shall, on the recommendation of the institution supervising the conduct of the convicted person, warn the convicted person that release on parole from the custodial sentence may be revoked. Where, having been warned, the convicted person further fails to comply with the mandatory injunctions imposed by the court or commits offences, the court shall, on the recommendation of the institution supervising the conduct of the convicted person, rule on the revocation of release on parole from the custodial sentence and serving of the undischarged term of the sentence. 6. Where a person released on parole from a custodial sentence or a person in respect of whom a custodial sentence has been replaced with a more lenient penalty commits a new criminal act during the undischarged term of the sentence, a court shall impose a penalty upon him according to the rules provided for in Article 64 of this Code. Article 78. Amnesty 1. A person who commits a criminal act may be released from serving the entire or a part of the sentence by an amnesty act passed by the Seimas. 2. The grounds for, conditions of and procedure for granting amnesty shall be laid down in the act of amnesty. Article 79. Clemency 1. A convicted person may be released from serving the entire or a part of the sentence where the President of the Republic grants his clemency plea. 2. The procedure for granting clemency shall be laid down by the President of the Republic. CHAPTER XI PECULIARITIES OF CRIMINAL LIABILITY OF MINORS Article 80. Purpose of Peculiarities of Criminal Liability of Minors Peculiarities of criminal liability of minors as provided for in this Chapter and paragraphs 2 and 3 of Article 13, paragraph 4 of Article 27 and paragraph 4 of Article 97 of this Code shall have the following purpose: 1) to ensure correspondence of liability to the age and social maturity of these persons; 2) to restrict the possibilities of imposition of a custodial sentence and broaden the possibilities of imposition of reformative sanctions against these persons; 3) to help a minor to alter his manner of living and conduct by co-ordinating a penalty for the committed criminal act with the development and education of his personality and elimination of reasons for the unlawful conduct; 4) to prevent a minor from committing new criminal acts. Article 81. Application of Provisions of the Chapter 1. Provisions of this Chapter shall apply to the persons who were under the age of 18 years at the time of commission of a criminal act. 2. Provisions of Articles 90-94 of this Code, also the reformative sanctions provided for in subparagraphs 1, 2, 3 and 5 of paragraph 1 of Article 82 may be applied against a person who was 18 years old at the time of commission of a criminal act, however was below the age of 21 years where a court, having taken into consideration the nature of and reasons for the committed criminal act as well as other circumstances of the case, and, where necessary, clarifications or conclusion of a specialist, decides that such a person is equal to a minor according to his social maturity and application of peculiarities of criminal liability against him would correspond to the purpose provided for in Article 80 of this Code. Article 82. Reformative Sanctions against Minors 1. A minor who has committed a misdemeanour or crime and has been released from criminal liability or a penalty may be subject to the following reformative sanctions: 1) a warning; 2) compensation for or elimination of property damage; 3) unpaid reformative work; 4) placement for upbringing and supervision with parents or other natural or legal persons caring for children; 5) restriction on conduct; 6) placement in a special reformative facility. 2. A court may impose against a minor not more than three mutually compatible reformative sanctions. 3. (Repealed). Article 83. Warning 1. A warning may be issued to a minor as an independent reformative sanction or in conjunction with other such sanctions. 2. When imposing against a minor this reformative sanction, a court shall state to him in writing the possible legal consequences ensuing from the commission of new criminal acts. Article 84. Compensation for or Elimination of Property Damage 1. Compensation for or elimination of property damage shall be ordered only when a minor has resources which he can independently dispose of or when he is capable of eliminating the damage by his own work. 2. Property damage must be compensated for or eliminated by one’s work within a time limit laid down by a court. Article 85. Unpaid Reformative Work 1. Unpaid reformative work shall be imposed for a period of 20 up to 100 hours to be performed at health care, custody and guardianship or other state or non-state bodies and organisations, work at which may be of a reformative character. 2. Unpaid reformative work shall be performed subject to the consent of a minor. 3. Unpaid work may not be imposed against a minor where he is placed in a special reformative facility. Article 86. Placement for Upbringing and Supervision with Parents or Other Natural or Legal Persons Caring for Children 1. Placement for upbringing and supervision with parents or other natural or legal persons caring for children shall be ordered for a period from six months up to three years, but not after a minor reaches the age of 18 years. 2. The sanction indicated in paragraph 1 of this Article may be imposed in the cases when: 1) the parents or other persons agree to bring up and supervise the minor, have no negative influence on the minor themselves, have a possibility to provide favourable conditions for the development of his personality and agree to provide the necessary information to the institutions supervising the execution of the above sanction; 2) the minor agrees that the indicated persons bring him up and supervise him and promises to obey them and behave properly. 3. Placement for upbringing and supervision with parents or other persons may be ordered for a minor as an independent sanction or in combination with other reformative sanctions. This sanction may not be imposed where a minor is placed in a special reformative facility. Article 87. Restriction on Conduct 1. A restriction on conduct may be imposed for a term from thirty days up to twelve months. The term of this sanction shall be counted in days and months. 2. A court may impose the following mandatory injunctions upon a minor: 1) to be at home at a certain time; 2) to study, resume studies or take up employment; 3) to acquire certain knowledge or learn prohibitions (traffic safety regulations, school student’s regulations, etc.); 4) to undergo a complete course of treatment against alcohol addition, drug addiction, addiction to toxic substances or a sexually transmitted disease. This mandatory injunction shall be imposed at the request of parents or guardians subject to the consent of the minor; 5) to participate in the social education or rehabilitation measures organised by state or non-state bodies and organisations. 3. A court may impose upon a minor the following prohibitive injunctions: 1) not to gamble; 2) not to engage in a certain type of activities; 3) not to drive a motor vehicle (motorcycle, self-propelled vehicle, etc.); 4) not to visit the places that have a negative effect on the behaviour of the minor, or not to communicate with the people who exert a negative influence on him; 5) not to change his place of residence without giving a notice to the institutions supervising execution of this sanction. 4. A minor must, in accordance with the established procedure, give an account of his compliance with mandatory and prohibitive injunctions. 5. A restriction on a minor’s conduct may be imposed against the minor as an independent reformative sanction or in conjunction with other such sanctions. This sanction may not be imposed where a minor is placed in a special reformative facility. Article 88. Placement in a Special Reformative Facility 1. The term for placement in a special reformative facility may be fixed for a period of six months up to three years, but not for longer than until a minor reaches the age of 18 years. 2. The specific term of placement into a special reformative facility shall be laid down by a court upon taking into consideration the personality of the minor, the repetitive character of his criminal conduct, the type of sanctions previously applied, and other circumstances of the case. 3. Placement in a special reformative facility may be ordered in respect of a minor as an independent sanction or in combination with a warning or compensation for or elimination of property damage. Article 89. Legal Consequences of Non-Compliance with Reformative Sanctions 1. Where a minor against whom a reformative sanction has been imposed fails to comply or complies inappropriately with the sanction and for this reason has been warned at least twice, a court may, on the recommendation of the institution supervising the execution of this sanction, replace that sanction with any other reformative sanction, with the exception of placement in a special reformative facility. 2. Where a minor against whom two or three reformative sanctions have been imposed fails to comply or complies inappropriately with the sanctions and for this reason has been warned at least twice, a court may, on the recommendation of the institution supervising the execution of these sanctions, replace them with other reformative sanctions, including placement in a special reformative facility. Article 90. Special Features of the Penalties Imposed upon Minors 1. A minor may be subject solely to the following penalties: 1) community service; 2) a fine; 3) restriction of liberty; 4) arrest; 5) fixed-term imprisonment. 2. Minors may not be imposed more than 240 hours of community service. 3. A fine may be imposed only against a minor already employed or possessing his own property. A minor may be subject to a fine in the amount of up to 50 MSLs. 4. A minor may be subject to arrest for a period of five up to forty-five days. 5. The period of a custodial sentence in respect of a minor may not exceed ten years. Article 91. Special Features of Imposition of a Penalty upon a Minor 1. A court shall impose a penalty upon a minor according to the basic principles of imposition of penalties and the special features provided for in this Chapter. 2. In imposing a penalty upon a minor, a court shall, in addition to the circumstances listed in paragraph 2 of Article 54 of this Code, take into consideration the following: 1) the living and upbringing conditions of the minor; 2) the state of health and social maturity of the minor; 3) previously imposed sanctions and effectiveness thereof; 4) the minor’s conduct following the commission of a criminal act. 3. A court may impose a fixed-term imprisonment upon a minor where there is a basis for believing that another type of penalties is not sufficient to alter the minor’s criminal dispositions, or where the minor has committed a serious or grave crime. In the event of imposition of a custodial sentence against a minor, the minimum penalty shall be equal to one half of the minimum penalty provided for by the sanction of an article of this Code according to which the minor is prosecuted. Article 92. Suspension of a Sentence in Respect of a Minor 1. Where a minor is sentenced to imprisonment for one or several crimes committed through negligence or to imprisonment for a term not exceeding four years for the commission of one or several premeditated crimes, a court may suspend the imposed sentence for a period ranging from one to three years. The sentence may be suspended where the court rules that there is a sufficient basis for believing that the purpose of the penalty will be achieved without the sentence actually being served. 2. When suspending a sentence, a court shall impose against a minor one or several reformative sanctions, with the exception of placement in a special reformative facility. 3. Where, during the period of suspension of a sentence, a convicted minor: 1) complied with the reformative sanctions imposed by a court, committed no violations provided for in subparagraph 3 of this paragraph, and there is a basis for believing that in the future the person will abide by the law and will not commit new criminal acts, the court shall release the convicted person from a penalty upon the expiry of the period of suspension of the sentence; 2) complies with the reformative sanctions imposed by the court, however committed other offences and was imposed administrative penalties or disciplinary sanctions, the court may extend the period of suspension of the sentence for one year; 3) fails, without valid reasons, to comply with the reformative sanctions imposed by the court or violates public order, abuses alcohol or commits other offences for which administrative penalties or disciplinary sanctions have been imposed upon him at least twice, the court shall, on the recommendation of the institution supervising the conduct of the convicted person, warn the convicted person that suspension of the sentence may be revoked. Where, having been warned, the convicted person further fails to comply with the reformative sanctions imposed by the court or commits offences, the court shall, on the recommendation of the institution supervising the conduct of the convicted person, rule on the revocation of suspension of the sentence and execution of the sentence; 4) commits a new criminal act, the court shall impose a penalty upon him according to the rules provided for in Articles 64, 90 and 91 of this Code. Article 93. Release of a Minor from Criminal Liability 1. A minor who commits a misdemeanour, or a negligent crime, or a minor or less serious premeditated crime for the first time may be released by a court from criminal liability where he: 1) has offered his apology to the victim and has compensated for or eliminated, fully or in part, the property damage incurred by his work or in monetary terms; or 2) is found to be of diminished capacity; or 3) pleads guilty and regrets having committed a criminal act or there are other grounds to believe that in the future the minor will abide by the law and will not commit new criminal acts. 2. Having released a minor from criminal liability on the grounds provided for in paragraph 1 of this Article, a court shall impose against him the reformative sanctions provided for in Article 82 of this Code. Article 94. Release on Parole from a Custodial Sentence of a Person under the Age of 18 Years at the Time of Commission of a Criminal Act and Replacement of the Custodial Sentence in Respect Thereof with a More Lenient Penalty 1. A court may release on parole a person serving a custodial sentence for a criminal act at the time of commission whereof he was under the age of 18 years or a person who, according to paragraph 2 of Article 81 of this Code, was subject to special features of criminal liability of minors or replace this sentence with a more lenient penalty (with the exception of a fine) where: 1) the person has served:
12. a)at least one half of the imposed sentence for a negligent or minor or less serious premeditated crime; or
13. b)at least two thirds of the imposed sentence for a serious or grave crime; 2) the person has fully compensated for or eliminated the property damage incurred or has compensated for or eliminated a part thereof and has undertaken to fully compensate for or eliminate it over the undischarged term of the sentence or a more lenient penalty imposed; 3) the person’s conduct, learning and/or and work during the period of serving the custodial sentence proves that he may be released on parole or the custodial sentence may be replaced with a more lenient penalty. 2. When releasing on parole from a custodial sentence the person indicated in paragraph 1 of this Article, a court may impose one or more mandatory or prohibitive injunctions provided for in Article 87 of this Code. The court shall also lay down a time limit within which the person must perform the indicated mandatory injunctions and comply with the indicated prohibitive injunctions. This period may not exceed the undischarged term of the sentence. 3. Where a person released on parole from a custodial sentence has complied with the mandatory injunctions imposed by a court and has not violated the specified prohibitive injunctions until the expiry of the term of the custodial sentence, he shall be considered to have served the sentence. 4. Where a person released on parole from a custodial sentence fails, without valid reasons, to comply with the mandatory injunctions imposed by a court or violates the imposed prohibitive injunctions, the court shall, on the recommendation of the institution supervising the conduct of the person, warn him that release on parole from the custodial sentence may be revoked. Where, having been warned, the person further fails to comply with the mandatory injunctions imposed by the court or violates the imposed prohibitive injunctions, the court shall, on the recommendation of the institution supervising the conduct of that person, rule on the revocation of release on parole from the custodial sentence and serving of the undischarged term of the sentence. 5. Where a person released on parole from a custodial sentence or a person in respect of whom a custodial sentence has been replaced with a more lenient penalty commits a new criminal act during the undischarged term of the sentence, a court shall impose a penalty against him according to the rules specified in Article 64 of this Code. CHAPTER XII STATUTE OF LIMITATIONS OF CRIMINAL LIABILITY Article 95. Statute of Limitations of a Judgement of Conviction 1. A person who has committed a criminal act may not be subject to a judgement of conviction where: 1) the following period has lapsed:
14. a)two years, in the event of commission of a misdemeanour;
15. b)five years, in the event of commission of a negligent or minor premeditated crime;
16. c)eight years, in the event of commission of a less serious premeditated crime;
17. d)ten years, in the event of commission of a serious crime;
18. e)fifteen years, in the event of commission of a grave crime;
19. f)twenty years, in the event of commission of a crime relating to a premeditated homicide; 2) during the period laid down in subparagraph 1 of paragraph 1 of this Article, the person did not hide from pre-trial investigation or a trial and did not commit a new criminal act. 2. The statute of limitations shall be calculated from the commission of a criminal act until the passing of a judgement. 3. Where the person who has committed a criminal act hid from pre-trial investigation or a trial, the calculation of the statute of limitations shall cease. The calculation of the statute of limitations shall resume from the day when the person is arrested or when he arrives to serve the sentence and confesses to commission of a crime. However, a judgement of conviction may not be passed where fifteen years have lapsed since the commission of the crime by the person and twenty years have lapsed since the commission of a crime relating to a premeditated homicide, and calculation of the statute of limitations has not ceased due to commission of a new crime. 4. Where a person commits a new criminal act before the expiry of the terms indicated in this Article, the calculation of the statute of limitations shall cease. In such a case, the calculation of the statute of limitations in respect of the first criminal act shall commence from the day when a new crime or misdemeanour was committed. 5. The following crimes provided for in this Code shall have no statute of limitations: 1) genocide (Article 99); 2) treatment of persons prohibited under international law (Article 100); 3) killing of the persons protected under international humanitarian law (Article 101); 4) deportation of civilians of an occupied state or transfer of the civilian population of an occupying state (Article 102); 5) causing bodily harm to, torture or other inhuman treatment of the persons protected under international humanitarian law (Article 103); 6) violation of norms of international humanitarian law concerning protection of civilians and their property in time of war (Article 104); 7) forcible use of civilians or prisoners of war in the armed forces of the enemy (Article 105); 8) destruction of protected objects or plunder of national valuable properties (Article 106); 9) aggression (Article 110); 10) prohibited military attack (Article 111); 11) use of prohibited means of warfare (Article 112). Article 96. Statute of Limitations for Execution of a Judgement of Conviction 1. A judgement of conviction shall not be executed where: 1) it has not been executed:
20. a)within two years following imposition of a penalty for a misdemeanour; or
21. b)within three years following imposition of a non-custodial sentence or a custodial sentence for a term not exceeding two years; or
22. c)within five years following imposition of a custodial sentence for a term not exceeding five years; or
23. d)within ten years following imposition of a custodial sentence for a term not exceeding ten years; or
24. e)within fifteen years following imposition of a custodial sentence for a term exceeding ten years or imposition of the sentence of life imprisonment, and 2) during the period specified in subparagraph 1 of paragraph 1 of this Article, the convicted person did not evade the serving of the sentence and did not commit a new criminal act. 2. The statute of limitations for execution of a judgement of conviction shall be calculated from the coming into effect of the judgement until the commencement of execution of the judgement. 3. Where, after a judgement becomes effective, the convicted person evades the serving of the sentence, the calculation of the statute of limitations shall cease. In this case, the calculation of this period shall resume from the day the convicted person arrives to serve the sentence or is arrested. However, a judgement may not be executed where fifteen years have lapsed since its coming into effect, and twenty years have lapsed in the case of i