Question juridique clé
Whether former Art. 64(9) aCP applied to the defendant's age-related mitigation request
Solution extraite
The defendant could not rely on Art. 64(9) aCP because, although he was 19, he had the capacity to appreciate the unlawfulness of his act.
Motifs extraits
The conditions of Art. 64(9) aCP are cumulative. Since the defendant's capacity to appreciate unlawfulness was established and binding, the provision did not apply; nevertheless his age could still be considered within ordinary sentencing.