MOSCOW, April 24 (RAPSI) – The Supreme Court of Russia has clarified details of mitigating classification of a crime noting that there are several important factors to be considered with individual responsibility being one of them.

According to the Supreme Court, lower courts should acknowledge that mitigation of a crime grade ensures individualization of responsibility for each convict and as such serves to uphold principles of justice and humanism. Courts must examine possibility of such mitigation for each defendant.

However, while courts may mitigate the grade for serious crimes, they are restricted from changing it too radically. Also, for this decision to take place, there should be one or more mitigating factors and none of the aggravating ones.

Courts should take into account the means of committing a crime, the role of a defendant in a crime committed by a group, a type of a criminal intent or incaution, a motive, a goal, consequences of the crime and other circumstances of the case.

The Supreme Court noted that if a classification is changed, a court may release a convict from serving his or her punishment. If a person commits a crime of up to average grade, he or she may also be released from punishment and ordered to pay a fine instead.