Aggravating Circumstances


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Aggravating Circumstances

 

in criminal law, circumstances that make a particular criminal act and the criminal himself more dangerous socially and that entail more severe punishment.

In Soviet law an exhaustive list of aggravating circumstances is given in the criminal codes of the Union republics. A distinction is made between (1) aggravating circumstances that are constituent elements of a particular crime, for example, repeated theft (in such instances the increased punishment is prescribed by law for the particular type of crime), and (2) circumstances that are not constituent elements of the specific crime but apply to all types of crime. For example, Article 39 of the Criminal Code of the RSFSR includes among such aggravating circumstances the previous commission of a crime, or the commission of a crime by an organized group, from mercenary motives, with unusual cruelty, or against minors or persons advanced in age. Aggravating circumstances not prescribed by law may not be considered by the court in assigning the punishment.

The determination of aggravating circumstances is also important for identifying the factors and conditions that contributed to the commission of the crime. These findings are used to develop measures to prevent crime.

References in periodicals archive ?
But when no mitigating or aggravating circumstance, or when only mitigating circumstance is present, the lesser penalty of reclusion perpetua shall be imposed.
"Whether Arizona's capital sentencing scheme, which includes so many aggravating circumstances that virtually every defendant convicted of first-degree murder is eligible for death, violates the Eighth Amendment," the statement read.
Missouri's statute requires the jury to find that the state has proven at least one statutory aggravating circumstance that merits the death penalty, then to weigh any mitigating evidence against the aggravating factors.
Aggravating circumstances will apply to cases linked to criminal organisations or for offences conducted in the exercise of certain professional activities.
As such, De Lima proposed under Section 1, Article 14 of the RPC that "the crime committed against the person or property of lawyers and justice sector officials, in fulfillment of their duty or in their lawful exercise of a right or office" should be considered as aggravating circumstances.
Belgica wanted an investigation on the alleged discrepancy of P2.6 billion from the DAP spending, and pursue cases of malversation of public funds with aggravating circumstances against Aquino, former DBM secretary Florencio Abad and former DBM undersecretary Mario Relampagos.
If aggravated circumstances are combined with extenuating excuses or circumstances in one offence, the court shall apply first the aggravating circumstances then the extenuating excuses and then the extenuating circumstances.
KENYAN marathon runner Rita Jeptoo has been banned for four years for a doping offence with "aggravating circumstances", the Court of Arbitration for Sport has announced.
[begin strikethrough]is presented in order that you might determine, first, whether sufficient aggravating circumstances exist that would justify the imposition of the death penalty and, second, whether there are mitigating circumstances sufficient to outweigh the aggravating circumstances, if any.
The statement added: "Aggravating circumstances justify the imposition of a period of ineligibility greater than the standard sanction of 2 years, and the period of ineligibility should be increased to the maximum period of 4 years."
The millionaire businessman was extradited from the UK to face trial charged with conspiracy to commit kidnapping, robbery with aggravating circumstances, murder, kidnapping, and defeating the ends of justice.
While pronouncing the verdict, Sessions judge Vrushali Joshi said: "Considering the mitigating and aggravating circumstances, I am of the opinion that the case does not fall under the rarest of the rare category" and ordered that he be imprisoned for the rest of his life.