Mitigating circumstance

Circumstance that increases the severity of the crime and allows imposing the sentence in its upper half. Includes: treachery, abuse of superiority, disguise, price, discrimination and recidivism.

Benefit allowing suspension of imprisonment not exceeding 2 years (exceptionally 5), conditioned on not reoffending during the fixed period (2-5 years).

Agreement whereby the accused admits the facts and accepts the requested sentence, avoiding trial. In abbreviated proceedings it may be entered at any point before trial. Limit: if the requested sentence exceeds 6 years' imprisonment, the plea is only possible if the court freely accepts it.

Personal precautionary measure depriving liberty, adopted by the investigating judge during criminal investigation. Only available when there is evidence of a crime, flight risk, evidence concealment, risk of reoffending or public alarm. Standard maximum period: 2 years (4 years for offences with a sentence exceeding 3 years). Impinges on the presumption of innocence and proportionality.