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The Penal Code contemplates a series of circumstances that reduce the criminal responsibility of the perpetrator of a crime and, consequently, the penalty that must be applied. In this article we are going to explain what one of them consists of: the mitigating factor for repairing the damage. We can help you At Dexia Abogados we are lawyers specializing in criminal law in Madrid . If you need a criminal law firm with extensive experience, contact us and find out without obligation . CONTACT US What is mitigating damage repair? This is one of the mitigating circumstances of criminal responsibility contemplated in article 21 of the Penal Code. It consists of repairing the damage caused to the victim or reducing its effects. Extenuating circumstances are:ct that the guilty party has proceeded to repair the damage caused to the victim, or reduce its effects, at any time during the procedure and prior to the holding of the oral trialicle of the Penal Code For the reparation of the damage to operate as a mitigation of the sentence, it must take place at any time during the procedure, but before the oral trial is held .
That is, it is not necessary that the active subject of the crime not yet know that it has been discovered (as is the case with the mitigating circumstance of confession ), since he can proceed to repair the damage at any time during the investigation, for example. However, the sentence will not be reduced if said reparation occurs after the trial is taking place. What are the requirements for mitigating damages? Two requirements DM Databases must be met for the mitigating factor to repair the damage to be appreciated: It has to be a repair of some importance. Not any act can be considered reparation, since jurisprudence has considered that it must be efficient, significant and relevant. What really needs to be taken into account is the effort made, understanding that not everyone will have the same repair capacity. The reparation must take place before the oral trial is held. If this occurs once the hearing has begun, the penalty cannot be reduced for it.
How can the damage of crime be repaired? The Penal Code does not indicate what this reparation should be like , and even leaves open the possibility that it is only partial, by establishing that reducing the effects of the crime also mitigates criminal responsibility. However, this repair is usually inexpensive. It is also possible that it consists of the return of property, when the crime has had to do with its theft (for example, returning to a person some jewelry that had been stolen ) . There are other forms of reparation for damage, such as helping the victim , to the extent that it is understood that this is about repairing or at least reducing the harm that has been caused. How does repairing the damage reduce the penalty? The rules for the application of mitigating circumstances are established in article 66 of the Penal Code . Thus, if the subject proceeds to repair the damage and there is no other mitigating circumstance, the penalty contemplated by the crime in its lower half will be applied.
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