ADJUS-121 Lecture 23: Adjus_121_-_C23

• School: Diablo Valley College
• Department: Administration Of Justice
• Course: ADJUS-121
• Professor: moten

Document Summary

Definition those circumstance which raise the penalty for a crime without exceeding the maximum applicable to that crime. Aggravating circumstances which do not have the effect of increasing the penalty: which themselves constitute a crime specifically punishable by law or which are included in the law defining a crime and prescribing the penalty thereof. Example: breaking a window to get inside the house and rob it: aggravating circumstance inherent in the crime to such degree that it must of necessity accompany the commission thereof. Example: evident premeditation inherent in theft, robbery, estafa, adultery and concubinage. Must be proved as fully as the crime itself in order to increase the penalty. The following are aggravating circumstances: 1. That advantage be taken by the offender of his public position. Requisites: the offender is a public officer, the commission of the crime would not have been possible without the powers, resources and influence of the office he holds.