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The penalties applicable to each crime may be reduced if certain cases contemplated in the Penal Code occur. We talk about the so-called mitigating circumstances , and in this article we are going to explain what they consist of and how they reduce the penalty. We can help you At Dexia Abogados we are lawyers specializing in criminal law in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US What are extenuating circumstances and where are they regulated? Mitigating circumstances are circumstances that modify criminal responsibility by reducing the penalty for the crimes in which they occur. They are contemplated in article 21 of the Penal Code. In addition to these generic mitigating circumstances, in some cases the Penal Code contemplates for the specific crime circumstances that mitigate the penalty. For example, article 155 CP regarding the crime of injuries with consent.
What are the extenuating circumstances? The Penal Code establishes the following mitigating circumstances: Incomplete defenses . That is, they are the circumstances that exclude criminal liability (considered in article 20), but in those cases in which all the requirements to exempt from criminal liability are not met . Acting due to a serious addiction to alcoholic beverages , toxic drugs, narcotics, psychotropic substancitude. The DM Databases subject must confess the infraction to the authorities before knowing that the judicial procedure is directed against him. Repair the damage caused to the victim , or reduce its effects, at any time during the procedure before the oral trial is held . Extraordinary and undue delay in the processing of the procedure , if it cannot be attributed to the accused himself and is not proportionate to the complexity of the case. Other circumstances of analogous significance to the previous ones.
What types of extenuating circumstances are distinguished? According to what we have seen in the previous section, we can distinguish the following types of mitigating circumstances in the Penal Code: Incomplete defenses Article 20 of the Penal Code establishes a series of circumstances that exempt from criminal liability. Well, when one of them occurs but does not meet all the necessary requirements to consider it an excuse , it becomes an extenuating circumstance. For example, committing the criminal offense due to an anomaly or mental alteration that prevents understanding the illegality of the act or acting in accordance with that understanding is an excuse. But if it is proven that the psychic anomaly did not prevent the subject from completely understanding what he was doing, but his ability to understand was impaired, it will be an incomplete defense.
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發表於 2024-3-16 17:27:54