Application of penalties re mitigating and aggravating circumstances, habitual delinquency, A62-77 Revised Penal Code

Preliminary

The provisions herein are subject to common provisions. See: Common provisions re application of penalties, A73-77 Revised Penal Code

1. Application of penalties re mitigating and aggravating circumstances, habitual delinquency

Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules. (REVISED PENAL CODE, Article 62)

a. Aggravating circumstances which are crimes

[Article 62] 1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty.

(Revised Penal Code)

b. Aggravating circumstances inherent in the crime

[Article 62] 2. The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof.

(Revised Penal Code)

c. Aggravating or mitigating circumstances arising from personal cause

[Article 62] 3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances ...