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 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.
Aggravating factors - national proceedings
EDIT.