Article 22 of the Penal Code

  Penal Code

They are aggravating circumstances:

1st Execute the act with treachery.

There is treachery when the culprit commits any of the crimes against people using in the execution means, ways or forms that directly or especially tend to ensure it, without the risk to his person that could come from the defense by the offended party.

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2nd Execute the act through disguise, with abuse of superiority or taking advantage of the circumstances of place, time or help from other people that weaken the defense of the offended party or facilitate impunity for the offender.

3rd Execute the act by means of a price, reward or promise.

4th Committing the crime for racist, anti-Semitic reasons or another kind of discrimination regarding the ideology, religion or beliefs of the victim, the ethnicity, race or nation to which they belong, their sex, age, orientation or sexual or gender identity, reasons of gender, aporophobia or social exclusion, the disease they suffer from or their disability, regardless of whether such conditions or circumstances actually occur in the person on whom the conduct falls

5th Deliberately and inhumanly increase the suffering of the victim, causing unnecessary suffering for the execution of the crime.

6th Act with breach of trust.

7th Take advantage of the public nature of the culprit.

8th Being a repeat offender.

There is recidivism when, when committing a crime, the culprit has been sentenced for a crime included in the same title of this Code, provided it is of the same nature.

For the purposes of this number, the criminal record canceled or that should be, nor those that correspond to minor crimes.

The final sentences of judges or courts imposed in other States of the European Union will produce the effects of recidivism unless the criminal record has been canceled or could be canceled in accordance with Spanish Law.

art 22 cp

Article 22 of the Penal Code Spanish regulates circumstances that aggravate criminal responsibility.

Some of the circumstances that can aggravate the criminal liability when committing a crime are the treachery, the price, reward or promise, the cruelty, abuse of trust or superiority, being a repeat offender, among others.

The premeditation ceased to be considered a aggravating after the reform of the Penal Code of 1995.

Through this precept it is clear that the Penal Code considers that certain ways of committing a crime deserve to be punished with a greater penalty, due to the great disregard that has been made towards the rules of conduct and diligence.

Following the update published on 06/05/2021 that enters into force on 06/25/2021, circumstance 4 is modified by final provision 6.1 of Organic Law 8/2021, of June 4. Previously, it said the following:

4th Committing the crime for racist, anti-Semitic reasons or another kind of discrimination regarding the ideology, religion or beliefs of the victim, the ethnicity, race or nation to which he belongs, his sex, orientation or sexual identity, reasons of gender, the disease he suffers or his disability.

Article 22.4ª – Modified with effect from 06/25/2021

  • Penal Code
    • BOOK I: General provisions on crimes, responsible persons, penalties, security measures and other consequences of the criminal offense
      • Title I: Criminal offense
        • Chapter III: Of the circumstances that mitigate criminal responsibility
        • Chapter IV: Of the circumstances that aggravate criminal responsibility
          • Article 22
        • Chapter V: Of the mixed circumstance of kinship