Debt of a person whose property has been confiscated that was incurred before his or her
property is confiscated for liquidation shall be repaid using the confiscated property. However, a
debt contracted after confiscation for liquidation shall not be repaid from the confiscated
property.
Article 37 (Removal of Qualifications)
Removal of qualifications is a penalty which permanently deprives the person convicted of a
certain status he or she had. The trial of cases where a certain status was used to commit an
intentional crime must also try the issue of removal of qualifications.
Article 38 (Suspension of Qualifications)
Suspension of qualifications is a penalty which temporarily deprives the person convicted of a
certain status he or she had. The trial of cases where a certain status was used to negligently
commit a crime must also try the issue of suspension of qualifications. The term of suspension of
qualifications is 3 years and is calculated from the day the limited term of reform through labour
or short-term labour ends.
Article 39 (Determination of Penalty)
Penalties are determined by considering factors such as the character, the aim and motives, ways
and means, degree of execution, outcomes, and partners of the crime, and the dangerousness of
the criminal. In such cases, the limits of the penalties provided by the applicable Articles of this
law shall be taken as the standard.
Article 40 (Aggravating Factors in the Determination of Penalties)
Aggravating factors in the determination of penalties are as follows:
1. When the criminal is the principal offender of the crime;
2. When the criminal has repeatedly committed crimes;
3. When the criminal has used brutal ways and means to commit crime;
4. When the criminal takes advantage of a wartime or disaster situation to commit crime.
Article 41 (Mitigating Factors in the Determination of Penalties)
Mitigating factors in the determination of penalties are as follows:
1. When the criminal is a passive participant to the crime;
2. When the crime is committed as a result of trying to do better at the work the State has
entrusted to him or her;