Article 65 of the Penal Code

  Penal Code

1. The circumstances aggravating factors or mitigating circumstances that consist of any cause of a personal nature will aggravate or mitigate the responsibility only of those in whom they occur.

2. Those that consist of the material execution of the act or the means used to carry it out, will only serve to aggravate or mitigate the responsibility of those who had knowledge of them at the time of the action or of their cooperation for the crime.

3. When in the inductor or in the necessary cooperator If the conditions, qualities or personal relationships that support the author's guilt do not exist, the judges or courts may impose a penalty lower in degree than that established by law for the offense in question.

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art 65 cp

Article 65 of the Penal Code Spanish is found in the section on the general rules for the application of penalties and refers to the aggravating circumstances and mitigating of the penalties.