CHAPTER 6: MITIGATING EXCUSES
Article 111: Any person guilty of a crime or misdemeanor directly caused by the illegitimate act
of another against himself or, in his presence, against his spouse, descendant or ascendant,
brother or sister, the person living with him, his master or apprentice, his principal or agent, the
minor, the incapacitated person or the detainee in his hands, shall benefit from the mitigating
excuse.
The provocation must be such as to deprive a normal person of self-control.
Article 112: When a mitigating excuse is established, the principal penalties incurred are
reduced as follows:
1° the sentence of life imprisonment shall be replaced by a sentence of imprisonment for one to
ten years ;
2° the temporary and criminal custodial sentence is replaced by imprisonment for six months to
five years;
3° the correctional custodial sentence is replaced by a custodial sentence of ten days to six
months or by a community service sentence.
CHAPTER 7: MINORITY
Article 113: Acts committed by a minor of ten years of age are not subject to criminal
qualification and prosecution.
A minor of thirteen years of age shall benefit, if guilt, from the exculpatory excuse of minority.
Minors between the ages of ten and thirteen may only be subject to protection, assistance,
surveillance and education measures provided for by law.
Minors between the ages of sixteen and eighteen benefit from the mitigating excuse of minority.
In the case of felonies and misdemeanors, the mitigating excuse of minority results in the
application of half of the penalties provided for in article 112.
In the case of a misdemeanor, it excludes any imprisonment sentence. The judge may only
impose a sentence of community service or an admonition.
CHAPTER 8: MITIGATING CIRCUMSTANCES
Article 114: Except in cases where the law excludes them, the judge may, having regard to the
circumstances, the degree of gravity of the acts and the personality of the offender, grant the
latter the benefit of mitigating circumstances.
Article 115: When the benefit of mitigating circumstances is granted, the main sentence is
reduced as follows:
1° in matters of felonies :
- to an imprisonment of two to twenty years if the felony is punishable by a life sentence ;
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