CRIMINAL CODE OF THE REPUBLIC OF ALBANIA   |   7895

Article 48: Mitigating circumstances

The following circumstances mitigate the punishment:

a) Where the offence is committed due to motivations of positive moral and social values;

b) Where the offence is committed under the effect of a psychiatric distress caused by provocation or the unfair actions of the victim or some other person;

c) Where the offence is committed under the influence of wrong actions or instructions of a superior;

ç) Where the person who has committed the offence shows deep repentance;

d) Where the person has recovered the damage caused by the criminal offence or has actively helped to eliminate or reduce its consequences;

dh) Where the person surrenders to the competent authorities after committing the criminal offence;

e) Where the relationship between the person having committed the criminal offence and the victim has gone to normal.

 The mitigating circumstance envisaged in letter “a” of the first paragraph of this Article shall not mitigate the sentence in the event the criminal offence is committed under the circumstances envisaged in letter “j” of Article 50 of this Code.

The mitigating circumstance envisaged in letter “e” of the first paragraph of this article, shall not mitigate the sentence of a person who commits a criminal offence against children or a criminal offence related to domestic violence.

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