In order to know the meaning of the aggravating term that now concerns us, we will begin discovering its etymological origin. Thus, we can determine that it is a word that derives from Latin, specifically "aggravantis", which can be translated as "making it more serious." It is a word that is the result of the sum of several components:
-The prefix "ad-", which would be equivalent to "towards".
-The verb "gravare", which is synonymous with "imposing a weight".
-The suffix "-nte", which is used to indicate the agent of the action.
The notion of aggravating can be used as adjective or noun . In the first case, the term refers to what aggravates : what makes something more serious or heavy. As a noun, an aggravating factor is a factor that increases severity.
In the field of right , the circumstance that increases the criminal responsibility of a subject . These are reasons that are linked to the act itself and give more seriousness to the crime.
These aggravating factors have nothing to do with the existence of the fact. In other words: without the aggravating factor, the crime would exist anyway. What the aggravating factor entails is a greater criminal responsibility for the individual who committed the crime .
exist aggravating goals (linked to the means used and the concrete execution of the criminal action) and personal (which are associated with the offender's relationship with the victim or with the moral condition). At the time of judgment , the aggravating will be a greater penalty for the convicted.
He teaching , the alevosía , he trust abuse and the recidivism These are reasons that, according to each legislation, can be considered as aggravating factors. Take the case of a man He murders his wife with fists, kicks and twenty-five stabs. This murder is aggravating the link that the murderer had with the victim (they were married) and the alevosía (acted treason with his wife and ensuring the outcome of his act, without the victim had the possibility to defend himself).
In the same way, we cannot overlook that there are other situations or events that can also be considered aggravating around a crime:
-Have executed the act by abusing a clear superiority.
- Committing the crime for racist, xenophobic, sexist, homophobic reasons ... In the same way it will also be aggravating to have done it as a clear sign of discrimination against another person because of his disability, political or religious ideas, illness ...
- Being a repeat offender is also another aggravating factor that will be taken into account by the judge when establishing a sentence, specifically when setting a harsher sentence.
- It is also aggravating to have carried out the crime itself in exchange for a promise, reward or a certain price.
- It goes without saying that this list also includes aggravating the infringement of the victim of the crime deliberately increased damage to cause more suffering.