The offender sincerely confesses but shows no remorse will not be entitled to mitigating circumstances for criminal liability?

The offender sincerely declares but shows no remorse will not be entitled to extenuating circumstances in criminal liability?

Based on Point a Clause 6 Article 1 of the Law amending the Criminal Code 2017 regulating extenuating circumstances in criminal liability as follows:

Amend and supplement point s ... Clause 1 Article 51 of the Criminal Code 2015 as follows:

s) The offender sincerely declares, shows remorse;

Thus, compared to the previous regulations at Point s Clause 1 Article 51 of the Criminal Code 2015, only requiring the offender to sincerely declare or show remorse to be eligible for this extenuating circumstance. However, now it is mandatory to meet both requirements of sincerely declaring and showing remorse to be entitled to the extenuating circumstance.

Does a first-time offense qualify for consideration for extenuating circumstances in criminal liability?

Based on Point i Clause 1 Article 51 of the Criminal Code 2015 regulating extenuating circumstances in criminal liability as follows:

- Committing a crime in a situation of mental agitation caused by the victim's illegal acts;- Committing a crime due to particularly difficult circumstances not caused by oneself;- Committing a crime but not causing damage or causing minor damage;- Committing a first-time offense and in a less serious case;- ...

Therefore, for a first-time offender to be eligible for extenuating circumstances, it must be a less serious case as regulated above.

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