Mens Rea as defined by is the Latin term for guilty mind” or ingredient of prison duty.” Base on the elemental rules of Criminal Law, there are two components that consist a crime, one is the bodily aspect and the opposite, the psychological half. Article 37 If the circumstances of an individual’s crime are minor and don’t require felony punishment, he could also be exempted from it; however, he may, relying on the totally different circumstances of the case, be reprimanded or ordered to make a statement of repentance, supply an apology or pay compensation for the losses, or be subjected to administrative penalty or administrative sanctions by the competent division.
Article 70 If, after a judgment has been pronounced but before the punishment has been utterly executed, it’s found that before the judgment is pronounced the felony committed one other crime for which he is not sentenced, a judgment shall even be rendered for the newly found crime; the punishment to be executed shall be determined on the premise of the punishments imposed in the earlier and latest judgments and in line with the provisions of Article sixty nine of this Law.
State personnel who apply favoritism and commit irregularities and the crimes mentioned in the previous paragraph shall be sentenced to not more than five years of fastened-time period imprisonment or criminal detention, and when the circumstances are exceptionally critical, not less than 5 years and less than 10 years of mounted-term imprisonment.
Those who hide their deposits of this nature by not declaring them are to be sentenced to no more than two years of mounted-term imprisonment or to prison detention; when the circumstances should not serious, they shall be given administrative punishment by the unit to which they belong or by a reliable organ of a higher level in line with the circumstance.
Article 85. During the probation period for parole, a legal aspect who is granted parole is to be supervised by the general public safety organs, and upon completion of the parole, if there aren’t any circumstances as stipulated in Article 86 of this law, the punishment to which he was initially sentenced is to be thought of as having been fully executed, and a public pronouncement to the impact shall be made accordingly.