Answer:
False
Explanation:
The use of mitigating circumstances is mandatory when determining the sentence, not just a suggestion to the judge.
Once the base penalty has been established for a particular crime, the judge considers the mitigating circumstances that reduce the penalty and the aggravating circumstances that may increase to compose the sentence. These must be presented by the lawyers of both parties during the proceedings.
In addition to extenuating circumstances, a sentence takes into account aggravating circumstances. These can increase the penalty time.
