Mixed circumstance of kinship: kinship as aggravating and mitigating

shetu24

That the perpetrator of a crime is a relative of the person offended by it is a fact that can aggravate or mitigate the penalty, depending on the case. This is because in Spanish criminal law the so-called mixed circumstance of kinship is applied , which can modify the sentence in one sense or another. 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 mixed kinship circumstance? The mixed circumstance of kinship is a circumstance modifying criminal responsibility that sometimes acts as annce that can mitigate or aggravate responsibility, depending on the nature, motives and effects of the crime, being or having been the aggrieved spouse or person who is or has been stably linked by a similar emotional relationship, or being an ascendant, descendant or brother by nature or adoption of the offender or his or her spouse or cohabitant.

Article 23 of the Penal Code Which family members are affected by the mixed kinship circumstance? The relatives that give rise to the application of the mixed kinship circumstance are the following: Spouse or person who is or has been stably linked by a similar emotional relationship. Ascendants. Decendents. Siblings. In the case of ascendants, descendants and siblings, they may be by nature or by adoption, and they may be DM Databases relatives of both the perpetrator of the acts and his or her spouse or cohabitant. Therefore, the mixed circumstance of kinship extends to the in-laws of the active subject of the crime, his brothers-in-law and the children of his spouse or cohabitant, among other family members. In which cases does it act as an aggravating factor and in which cases as a mitigating factor? The Penal Code in its article 23 does not specify which crimes in which the mixed circumstance of kinship attenuates and aggravates the penalty, but it does indicate three criteria: the nature, the motives and the effects of the crime.



This means that the application of this circumstance is flexible , taking into account the circumstances of the case. However, in general, kinship functions as an aggravating circumstance in those cases in which crimes against life, against physical integrity and against sexual freedom are committed. That is, in crimes against people. In turn, it is applied as a mitigating circumstance in the case of other crimes that are not personal in nature, such as crimes against property . Special case: acquittal excuse due to kinship in property crimes Now, it must be kept in mind that in property crimes, kinship can be an excuse for acquittal in accordance with article 268.1 of the Penal Code, which says the following: 1. Spouses who are not legally or de facto separated or in judicial proceedings for separation, divorce or annulment of their marriage, and ascendants, descendants and siblings by nature or by adoption, are exempt from criminal liability and subject only to civil liability.