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8/7/2019 Art 114 1-11 report
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Group 1
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Basis
` Greater perversity of the offender;
` As shown by the personal circumstance of the
offender;
`
By means used to secure the commission of thecrime.
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Basis
` Greater perversity of the offender;
`
As shown by his lack of respect for publicauthorities.
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` The public authority is engaged in the exercise of
his functions;
` That he who is thus engaged in the exercise of
said functions is not the person against whom thecrime is committed;
` The offender knows him to be a public authority;
` His presence has not prevented the offender fromcommitting the crime.
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Basis
` Greater perversity of the offender
` As shown by the personal circumstances of theoffended party;
` The place of the commission of the crime.
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Basis
` Greater perversity of the offender;
` As shown by the means and ways employed.
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` That the offended party had trusted the offender;
` That the offender abused such trust by committing
a crime against the offended party;
` That the abuse of confidence facilitated the
commission of the crime.
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Basis
` Greater perversity of the offender;
` As shown by the place of the commission of thecrime;
` Which must be respected.
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` In both, the public authorities are in theperformance of their duties;
` Under par. 5, the public authorities who are in the
performance of their duties must be in their office;while in par. 2, the public authorities areperforming their duties outside of their office;
` Under par. 2, the public authority should not be the
offended party; while under par. 5, he may be theoffended party.
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Basis
` On the time and place of the commission of thecrimes;
` Means and ways employed.
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Basis
` Has reference to the time of the commission of the
crime.
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Basis
` On the means and ways of committing the crime
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` That armed men or persons took part in the
commission of the crime, directly or indirectly;
` That the accused availed himself of their aid or
relied upon them when the crime was committed.
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` When both the attacking party and the party
attacked were equally armed;
` When the accused as well as those who
cooperated with him in the commission of the
crime acted under the same plan and for the same
purpose.
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Basis
` Greater perversity of the offender;
` As shown by his inclination to crimes.
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` That the offender is on trial for an offense;
` That he was previously convicted by the final
judgment of another crime;
` That both the first and the second offenses are
embraced in the same title of the Code;
` That the offender is convicted of the new offense.
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Basis
` Greater perversity of the offender;
` As shown by his inclination to crimes.
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` That the accused is on trial for an offense;
` That he previously served sentence for another
offense to which the law attaches an equal or
greater penalty, or for two or more crimes to which
it attaches lighter penalty than that for the new
offense; and
` That he is convicted of the new offense.
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Basis
` Greater perversity of the offender;
` As shown by the motivating power itself.
(presupposes the concurrence of two or more offenders: two or more principals)
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Continuation by the next group