1. In the application of the penalty, in the case of intentional crimes, judges or courts will observe, depending on whether or not there are mitigating or aggravating circumstances, the following rules:
1. When only one circumstance occurs extenuating, they will apply the sentence in the lower half of that established by law for the crime.
2. When two or more extenuating circumstances occur, or one or more highly qualified circumstances, and there is no aggravating any, they will apply the penalty one or two degrees lower than that established by law, taking into account the number and nature of said mitigating circumstances.
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3. When only one or two aggravating circumstances occur, the penalty will be applied in the upper half of that established by law for the crime.
4. When more than two aggravating circumstances occur and there is no mitigating circumstance, they may apply the penalty higher in degree than that established by law, in its lower half.
5. When the aggravating circumstance of recidivism occurs with the qualification that the person guilty of the crime had been executorily sentenced, at least, for three crimes included in the same title of this Code, as long as they are of the same nature, the penalty higher in degree than that provided by law for the crime in question, taking into account previous convictions, as well as the seriousness of the new crime committed.
For the purposes of this rule, the criminal record canceled or should be.
6. When there are no mitigating or aggravating circumstances, they will apply the penalty established by law for the crime committed, to the extent they deem appropriate, taking into account the personal circumstances of the offender and the greater or lesser severity of the fact.
7. When mitigating and aggravating circumstances occur, they will be assessed and compensated rationally to individualize the sentence. In the case of a qualified mitigation basis persisting, the lesser penalty will be applied. If a qualified basis of aggravation is maintained, the sentence will be applied in its upper half.
8. When judges or courts apply the lower penalty in more than one degree, they may do so to its full extent.
2. In the minor crimes and in reckless crimes, judges or courts will apply the penalties at their discretion, without being subject to the rules prescribed in the previous section.
art 66 cp
These rules established in this article correspond to intentional crimes; they will not be applicable to minor crimes or reckless crimes.
- Penal Code
- BOOK I: General provisions on the crimes, responsible people, penalties, security measures and other consequences of the criminal offense