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This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.
Yonko Grozev , President, Angelika Nußberger , André Potocki , Mārtiņš Mits , Gabriele Kucsko-Stadlmayer , Lәtif Hüseynov , Lado Chanturia , judges, and Claudia Westerdiek , Section Registrar ,
"(1) The guilt of the offender is the basis for sentencing. The effects which the sentence can be expected to have on the offender ' s future life in society shall be taken into account.
(3) Circumstances which are already statutory elements of the offence shall not be considered."
"(1) If a convicted person has been remanded in custody or otherwise kept in detention because of an offence which is or was the object of the proceedings, any time spent in such custody or detention shall be credited towards a fixed term of imprisonment or a fine. The court may order that such time shall not be credited in whole or in part if, in light of the conduct of the convicted person after the offence, this would be inappropriate. ...
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