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General Penal Code of Iceland No. 19, February 12 ... - Legislationline

General Penal Code of Iceland No. 19, February 12 ... - Legislationline

General Penal Code of Iceland No. 19, February 12 ... - Legislationline

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If a person who has been sentenced to prison for life and has not been pardoned commits<br />

a new <strong>of</strong>fence in the prison or outside the prison, the Judgment in his/her Case shall<br />

decide the penalty that would have been ordered if the former penalty had not been<br />

imprisonment for life. Sanctions under Art. 47 can also be ordered in such a case and the<br />

period under para. 3 <strong>of</strong> that Article may be doubled.<br />

1) Act 71/<strong>19</strong>95, Art. 1. 2) Act 82/<strong>19</strong>98, Art. 14.<br />

Art. 74 The penalty provided for by Law in consequence <strong>of</strong> an <strong>of</strong>fence may be reduced<br />

below the minimum provided for therein, in the following circumstances:-<br />

1. When a person has exceeded the limits <strong>of</strong> permissible self-defence or defence <strong>of</strong> other<br />

lawful interests.<br />

2. When an <strong>of</strong>fence has been committed by a person then under 18 years <strong>of</strong> age, if full<br />

penalty is deemed unnecessary or harmful with a view to the <strong>of</strong>fender's youth. The<br />

penalty ordered in Cases <strong>of</strong> persons who have not attained this age may never exceed 8<br />

years in prison.<br />

3. When the <strong>of</strong>fender, by reason <strong>of</strong> excusable ignorance or misunderstanding <strong>of</strong> the Law<br />

prohibiting an act, believed his/her act not to constitute an <strong>of</strong>fence.<br />

4. When a person has committed an <strong>of</strong>fence in a mental state <strong>of</strong> great anger or mental<br />

agitation evoked by the victim by unlawful assault or grave insult.<br />

5. If a person relents to the commission <strong>of</strong> an <strong>of</strong>fence as a result <strong>of</strong> dependence upon<br />

another person.<br />

6. If a person has committed an <strong>of</strong>fence as a consequence <strong>of</strong> duress which is not <strong>of</strong> such a<br />

nature as to make his/her act not punishable in any respect.<br />

7. If the <strong>of</strong>fender has on his/her own accord, after the completion <strong>of</strong> his/her <strong>of</strong>fence,<br />

averted the danger resulting therefrom.<br />

8. If the <strong>of</strong>fender has <strong>of</strong> his/her own accord made full compensation for the damage<br />

caused by the act and also when the <strong>of</strong>fender has, on his/her own accord, endeavoured to<br />

prevent the harmful effects <strong>of</strong> the <strong>of</strong>fence or to make compensation for it as far as<br />

possible.<br />

9. If a person informs <strong>of</strong> his/her <strong>of</strong>fence on his/her own accord and freely provides an<br />

account <strong>of</strong> all the relevant facts.<br />

In cases referred to in para. 1 - 8 above it may be decided that penalty can be cancelled in<br />

full.

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