Generic vs Qualifying Aggravating Circumstances

ConditionGenericQualifying
1.) Increase of PenaltyTo max period without exceeding the limitGives the crime proper name; Place the author of the crime in a situation where there is no other penalty that applies but that which is provided by the law
2.) Offset by mitigatingMay be compensated by mitigatingCannot be offset
3.) Alleged in the informationMay not beMust be alleged; If not, becomes generic
source: Page 337 LB Reyes

4 Kinds of Aggravating Circumstances

  1. Generic – generally applies to all crimes
  2. Specific – applies to particular crimes only
  3. Qualifying – changes the nature of the crime
  4. Inherent – necessary company to the crime

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by Bryan Villarosa

by Bryan Villarosa

Bacolod City-based Marketing Services Provider | Licensed Financial Advisor

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