If the acts are committed jointly by two or more people

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When the person responsible for the crime had used to commit it a situation of cohabitation or a relationship of superiority or kinship with the victim, being an ascendant, or brother, by nature or adoption, or similar. If the culprit has endangered the life or health of the victim, whether intentionally or through serious recklessness. When the infraction has been committed within a criminal organization or group that is dedicated to this type of activities. Another aggravating circumstance is contemplated but it does not affect the crimes of sexual abuse but sexual assault, since it consists of the violence or intimidation exercised being of a particularly degrading or humiliating nature . Therefore, this aggravating factor cannot be seen in cases of sexual abuse, in which there is no violence or intimidation. In addition, article 183.5 establishes a penalty of absolute disqualification of 6 to 12 years if the guilty party has taken advantage of his or her status as an authority, agent of authority or public official to commit the crime.

If the alleged criminal acts were committed before October 7, 2022 and you do not know whether in your case the application of the Penal Code before or after the reform carried out by LO 10/2022 is more advantageous , we advise you to contact us as first-degree affines if they lived together, for property crimes that they cause among themselves, as long as there is no violence or intimidation, or abuse of the vulnerability othe DM Databases victim, either due to age, or because it is a person with disabilities. Article 268.1 of the Penal Code What happens with the mixed circumstance of kinship in crimes committed by omission? If these are crimes committed by omission precisely because the perpetrator had a position of guarantor , and said position derives from his kinship relationship with the victim , kinship cannot be applied as an aggravating factor. In that case, the same act would be punished twice, since being a relative is what gives rise to the crime and would also be appreciated as an aggravating circumstance.



This would violate the non bis in idem principle , according to which the same person cannot be punished twice for the same acts. And in crimes of habitual abuse in the family environment? The reasoning is exactly the same as in the previous case. That is to say, if the criminal offense itself already takes into account that the perpetrator of the acts must be a relative of the injured party, the family relationship cannot be applied as a circumstance that aggravates the penalty. The same thing happens in other crimes in which the active subject must necessarily have a family relationship with the victim, such as the crime of article 180.1.4ª ( sexual assault against the wife or woman with whom he has or has had a similar emotional relationship.If the reparation of the damage is accompanied by another mitigating circumstance.