BOOK I
GENERAL PART
TITLE III
CIRCUMSTANCES
SINGLE CHAPTER
GENERAL RULES
Article 52. General aggravating circumstances
1. General circumstances aggravating the responsibility of the perpetrator are all those prior to, during or after the fact that, although not part of the legal description of the act, yet reveal a higher degree of unlawfulness of the act, conduct or guilt of the perpetrator, thus increasing the need for punishment.
PENAL CODE of the Democratic Republic of Timor Leste
2. General aggravating circumstances may include the following :
a) The crime is committed with disloyalty, as occurs in cases of betrayal, ambush, waiting or disguise.
b) The crime is committed against persons using means or ways that directly or indirectly seek to ensure execution without the danger that could result from possible defense of the victim.
c) The crime is committed by fraud, deceit, abuse of power or authority, or by taking advantage of circumstances of place and time.
d) The crime is committed for payment or to receive a sum or reward.
e) The crime is motivated by racism, or any other discriminatory sentiment on grounds of gender,
ideology, religion or beliefs, ethnicity, nationality, sex, sexual orientation, illness or physical disability of the victim.
f) The perpetrator has the special duty to not commit the crime, to hinder its commission or to take action to punish the same, or takes advantage, for commission of the crime, of public authority that the same holds or invokes.
g) Not being a case of recurrence, the perpetrator has committed one or more crimes of a similar nature in the course of three years prior to the time the crime for which the same is being tried was committed, regardless of the time when judgment is rendered.
h) The crime is committed at the same time as another crime in order to facilitate the execution of one or more other crimes;
i) Commission of the crime was facilitated by the perpetrator's entrance or attempted entrance into the victim's residence or using poison, flooding, fire, explosion; sinking or damaging a vessel or using a weapon ;
j) The commission of the crime or the use of its consequences having been facilitated by cooperation of two or more persons ;
k) The perpetrator intentionally and inhumanely increases the victim's suffering, causing the latter unnecessary suffering for consummation of the crime, or any other acts of theft, cruelty or destruction also unnecessary for commission of the crime.
l) The victim is or was a spouse or is in a de-facto relationship identical thereto, or is a parent or descendant, sibling, adoptee or adopter of the perpetrator.
m) The victim is particularly vulnerable by reason of age, illness or physical or mental disability, whenever said circumstance is not part of the definition of the crime itself.
Aggravating factors - national proceedings
EDIT.