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(1) A person convicted of an offence shall be punished fairly within the limits set out in the Special Part of this Code and in strict accordance with the provisions of the General Part of this Code. In determining the category and term of punishment, the court shall take into account the gravity of the crime committed, the motive for the crime, the person of the offender, the circumstances of the case that mitigate or aggravate the liability, the influence of the punishment imposed on the correction and re-education of the offender, and the living conditions of the offender's family.

(2) In the case of alternative penalties provided for the offence committed, imprisonment shall be exceptional and shall be imposed when the seriousness of the offence and the personality of the offender make it necessary to impose a prison sentence and another penalty is insufficient and would not achieve its purpose. A harsher penalty, from the number of alternatives provided for the commission of the offence, shall be imposed only if a milder penalty, from the number of alternatives provided for the commission of the offence, would not ensure that the purpose of the penalty is achieved. The exceptional nature of the prison sentence shall be justified by the court.

(3) For the commission of a minor or less serious offence, the penalty shall be imposed on the juvenile only if it is assessed that the educational measure is not sufficient for the correction of the juvenile.