When considering a criminal case, any detail can play a decisive role, and sometimes the penalty may both decrease and increase.
So, what are aggravating circumstances? In the law, such circumstances are objective, and also subjective, signs of the defendant's and his person's actions, which, one way or another, go beyond the scope of the crime. In the 63 st. The UKRF identifies such circumstances, aggravating punishment, as:
- relapse or repeated committal to the defendantoffenses. Sometimes such circumstances are recognized as a canceled or canceled conviction. Most often, relapse occurs because of an ineffective punishment for the first offense;
- the onset of severe consequences that go beyond the scope of the offense also falls into the category of "aggravating circumstances";
Participation in a crime committed by a group of persons,in a crime committed by prior conspiracy and the organization of criminal groups also aggravate the guilt of the defendant. Group crimes are much more dangerous, since a group of persons actively promote each other, uniting their forces to commit an offense.
This point also leads to other circumstances,aggravating the criminal liability. This is primarily an active participation in the commission of a crime. In this case, "active participation" means a particularly important contribution to the commission of an offense. As a rule, this is typical for the organizer of the group, for some performers and instigators.
The following aggravating circumstances also stand out:
- The involvement of minors and children notwho have reached partial capacity, and therefore incapable of bearing criminal responsibility; involvement in the commission of a crime of people with mental disorders and persons in a state of intoxication. In this case, the fact of intoxication and mental illness should be known in advance to the guilty;
committing a crime to hide the tracksan act committed earlier, or to ease the punishment for it. In this case, this circumstance is considered aggravating, since two independent encroachments are carried out in fact;
- the commission of a crime based on revenge, racial or religious intolerance is also recognized as an aggravating circumstance, as it violates the equality of rights proclaimed by the Constitution;
- the implementation of a crime against a pregnant womanwomen. In this case, the fact of pregnancy must be known in advance to the guilty person. It also aggravates the crime of committing a crime against a minor or an elderly person, since in this case the victim can not protect himself and his interests;
- crime against a person who isdepending on the culprit or is in a helpless state. The special danger of this crime is that such an act shows the highest degree of moral fall of an individual.