Mitigating circumstances

The article examines the positions of the legislator and scientists regarding the circumstances that mitigate the punishment. The analysis allows the authors to Express their own attitude to the institution under consideration in criminal law. Despite the clear position of the legislator regarding the list of circumstances that mitigate the punishment, other circumstances are also seen in judicial practice. In this connection, it is concluded that the list is not exhaustive, thus does not limit the discretion of the court in this matter.