1In case the disciplinary misconduct is established, the competent authority, in the sense of Article 69 paragraph 2 of this Law, shall impose a disciplinary sanction as set out in the Law “On Civil Servant” by taking into account the mitigating and aggravating circumstances and the principle of proportionality.

2When determining the sanction, the following aggravating factors shall be taken into account:

aMisconduct has occurred more than once;

bMisconduct has lasted in time;

cMisconduct has occurred due to discriminatory motives;

ç"Misconduct has occurred due to other weak motives appearing to the competent authority, which must be punished; "

dThe judicial civil servant instigates others to commit misconduct or unlawful behaviour;

dhMisconduct occurs by exploiting other people’s weaknesses;

eThere are other circumstances that in the opinion of the competent authority aggrevate the committed misconduct.

3When determining the sanction, the following mitigating circumstances shall be taken into account:

aThe misconduct is a first incident for the judicial civil servant;

bThe judicial civil servant acted under the influence of a third person through loyalty or fear;

cThe judicial civil servant misconduct played a minor part in the overall circumstances;

çThe judicial civil servant cooperats with the investigation and disciplinary proceedings, including cases where the judicial civil servant admits committing misconduct or provides helpful information for the investigation and disciplinary prodeedings;

dThe judicial civil servant has compensated the damage caused by misconduct or helped eleminate or mitigate its consequences;

dhMisconduct has occurred a long time ago;

eThere are other circumstances that in the opinion of the competent authority mitigate the committed misconduct.