BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences
TITLE I
On felonies and misdemeanours
CHAPTER III
On the circumstances that mitigate criminal accountability
Article 21
The following are mitigating circumstances :
1. The causes stated in the preceding Chapter, when not all the necessary requisites to exclude accountability in the respective cases concur.
2. The convict acting due to his serious addiction to the substances mentioned in Section 2 of the preceding Article.
3. The convict acting due to causes or stimuli so overpowering that they produced fury, obstinacy or another similar state of mind.
4. The convict having proceeded to confess his crime to the authorities before having knowledge of the judicial proceedings brought against him.
5. The convict having compensated the victim for the damages caused or having lessened the effects thereof, at some phase of the procedure and prior to the trial taking place.
6. Extraordinary or undue drawing out of the formalities of the proceedings, as long as this is not due to the convict, such prolongation being disproportionate to the complexity of the cause.
7. Any other circumstance of a similar importance to the aforesaid.
CHAPTER IV
On the circumstances that aggravate criminal accountability
Article 22
The following are aggravating circumstances
1. Perpetrating the act with premeditation.
There is premeditation when the convict commits any of the offences against persons using means or ways to do so that tend directly or especially to assure them, without risk to his person that might arise from defence by the victim.
2. Perpetrating the act using a disguise, abuse of superiority, or taking advantage of the circumstances of the place, time or aid from other persons that weaken the defence of the victim or facilitate impunity of the convict.
3. Perpetrating the act for a price, reward or promise.
4. Committing the offence for racist or anti-Semitic reasons, or another kind of discrimination related to ideology, religion or belief of the victim, ethnicity, race or nation to which he belongs, his gender, sexual orientation or identity, illness suffered or disability.
5. To deliberately and inhumanely increase victim’s suffering, causing unnecessary suffering while committing the crime.
6. Acting with abuse of confidence.
7. When the convict avails himself of his public status.
8. Having a criminal record.
There is recidivism when, when committing the crime, the convict has been sentenced by final judgement for a felony under the same category in this Code, as long as it is of the same nature.
For the purposes of this Section, a cancelled criminal record or one that should be cancelled shall not be counted.
Sentencing - national proceedings
Determination of sentence - national proceedings
EDIT.