Criminal Liability: Mitigating and Aggravating Factors
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Mitigating Circumstances in Criminal Law
Reasons expressed in the previous chapter, when the defendant does not meet all requirements to be exempt from responsibility.
The offender acted under the influence of a serious addiction to the substances mentioned in Article 20.
Actions driven by powerful stimuli, such as intense passion, temporary blindness, or other states of similar intensity.
The offender confessed the offense to authorities before becoming aware that legal proceedings had been initiated.
The offender repaired the damage caused to the victim, or lessened its effects, at any time prior to the trial.
Extraordinary and undue delay in legal proceedings not attributable to the accused and disproportionate to the case complexity.
Any other condition of similar significance to those listed above.
Aggravating Circumstances
Treachery: The offender employs means, methods, or forms that directly ensure the execution of the crime without risk of defense from the victim.
Abuse of Circumstances: Committing the act through disguise, abuse of authority, or taking advantage of place, time, or the assistance of others to weaken the victim's defense or facilitate impunity.
Financial Motivation: The act was committed for a price, reward, or promise.
Discrimination: The crime was motivated by racism, anti-Semitism, or discrimination based on ideology, religion, belief, ethnicity, race, nation, sex, sexual orientation, gender identity, illness, or disability.
Cruelty: Deliberately and inhumanly increasing the victim's suffering, causing unnecessary pain during the execution of the crime.
Breach of Trust: Acting in violation of a position of trust.
Abuse of Public Office: Taking advantage of one's status as a public official.
Recidivism: Being a repeat offender.
Definition of Recidivism
Recidivism occurs when an offender has been previously convicted of a crime of the same nature, enforceable under the same Title of this Code. For these purposes, criminal records that have been canceled or are eligible for cancellation shall not be counted.