Generic vs Qualifying Aggravating Circumstances

Condition Generic Qualifying 1.) Increase of Penalty To max period without exceeding the limit Gives 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 mitigating May be compensated by mitigating Cannot be […]

Ordinary vs Privileged Mitigating Circumstances

Condition Ordinary Mitigating Privileged Mitigating 1.) Offset by Aggravating Circumstances Susceptible Cannot be 2.) Effect to penalty Applies the minimum penalty in the period (does not go down to another period) Lowers the penalty by one or two degrees (may go down to another period) 3.) Both: Reduces penalty but do not change the nature […]