Humanism is also reflected in the Penal Code provisions concerning sentencing. These provisions require sentencing courts to take into account the personal traits and circumstances of the offender, his mode of living prior to committing the act and his behaviour after the offence.
At the same time, the court is obliged to take into account the purpose of punishment, both with regards to its social impact and its preventive and re-educational aims in respect of the convict (art. Based upon the principle of humanism the Code gives ground to the system of justice to less severe treatment of the offender who is responsible for an accidental offence, the negligence offence or when it is reasonable expecting that the offender, treated less severely, will not commit a new offence in the nearest future.
The legal instruments for less severe treatment of an accidental offender include for example conditional discontinuance of proceedings concerning the offence – first of all – it should not be socially damaging (arts.