Professional paper

Mitigation of Punishment in Misdemeanor Proceedings

Damir Juras orcid.org/0000-0002-2933-5897 ; MoIRC, Split, Croatia
Meri Juras orcid.org/0000-0001-8831-4642

Abstract

The courts are authorized, taking into account mitigating and aggravating circumstances, to impose a penalty on the perpetrators of a misdemeanor within the fine or imprisonment prescribed for a particular misdemeanor. Exceptionally, when that possibility is prescribed by law or the parties have agreed or there are privileged mitigating circumstances and the purpose of punishment can be achieved with a reduced sentence, the courts may impose a reduced sentence for the perpetrators or a sentence, which is below the prescribed minimum for a particular misdemeanor. If the courts impose mitigated sentence on the defendant even though the legal requirements are not met, it is a misapplication of substantive law in favor of the defendant, so the prosecutor should file an appeal because such a violation is not corrected ex officio by the higher court.

Keywords

misdemeanor; Misdemeanor Act; misdemeanor punishments; privileged mitigating circumstances; purpose of punishment

Hrčak ID:

265206

URI

https://hrcak.srce.hr/265206

Publication date:

28.10.2021.

Article data in other languages: croatian

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