2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter XII - JUDGMENT AND SENTENCE (§ 173) › Rule 171 - SENTENCE; EVIDENCE AS TO MITIGATING OR AGGRAVATING CIRCUMSTANCES

The court, at its own instance or at the request of the defendant or the prosecuting attorney, upon due notice to the opposing party or parties, shall hear evidence as soon as possible of extenuating or aggravating circumstances for the imposition of penalties.
(a) The following may be considered as extenuating circumstances, among others:
(1) Facts related to the commission of the crime, the victim or the defendant, including, among others:
(A) The defendant was a passive participant during the commission of the crime.
(B) The victim provoked the incident.
(C) The crime was committed under unusual circumstances.
(D) The defendant participated in the commission of the crime under coercion, or his/her conduct is partially excusable for some other reason which does not constitute a defense of those affirmatively alleged.
(E) The defendant was not predisposed, but was induced by others to participate in the commission of the crime.
(F) The defendant tried to prevent the criminal damage caused to the person or the property, or the amount that was taken was minimal, or he/she was threatened.
(G) The defendant believed he/she had a right or a claim to the property which was the object of the crime or, for other mistaken reasons, he/she believed his/her conduct was lawful.
(H) The defendant was motivated by the desire to provide the basic needs for his/her family or for him/herself.
(I) The criminal consequences were produced by the negligence of the defendant.
(2) Facts related to the defendant him/herself, including, among others:
(A) The defendant had no prior criminal record.
(B) The age and physical condition of the defendant.
(C) The defendant suffered from a mental or physical condition which significantly reduced his/her guilt.
(D) The defendant admitted his/her guilt during the preliminary stages of the criminal proceeding.
(E) The defendant did not qualify for a suspended sentence.
(F) The defendant made restitution to the victim for the damage caused.
(G) The conduct and reputation of the defendant in his/her community is satisfactory.
(b) The following may be considered as aggravating circumstances, among others:
(1) Facts related to the commission of the crime, the victim or the defendant him/herself, including, among others:
(A) The crime was a violent one, grave bodily harm was done or there was as threat to cause it, and the facts show evidence of extreme cruelty, no respect for human life and a rejection of the standards of decency.
(B) The defendant used a weapon in the commission of the crime.
(C) The victim was particularly vulnerable whether for being a minor or for being mentally or physically disabled.
(D) The crime involved more than one victim.
(E) The defendant induced others to participate in the commission of the crime or acted as the leader or dominant figure among the other participants.
(F) The defendant used a minor as an accomplice.
(G) The defendant threatened the witnesses, illegally prevented the witnesses from attending the hearings or induced them to commit perjury, or otherwise obstructed the judicial process.
(H) The defendant is a member of an organized criminal group, organization or enterprise.
(I) The crime shows evidence of premeditated criminal intent.
(J) The defendant was paid to commit the crime.
(K) The defendant lied during the trial while under oath even though he/she has not been tried for perjury.
(L) The crime involves misappropriation of a large sum of money.
(M) The defendant has a prior criminal record.
(N) The defendant has worn a uniform identifying him/her as a Commonwealth, municipal or federal law enforcement officer, or an employee or official of a government agency, department or dependency thereof.
(O) The victim of the crime is sixty (60) years of age or older.
(P) The crime was committed or consummated in an institution, shelter or home for the care of persons sixty (60) years of age or older, as defined in Section 3 of Act No. 94 of June 22, 1977, as amended.
(Q) The crime has been committed within a public building or dependency or its annexes belonging to the Commonwealth of Puerto Rico, including municipalities and public corporations and instrumentalities, and the Courts of Justice.
(R) The crime committed was motivated by prejudice against the victim for reason of race, color, sex, sexual orientation, gender, gender identity, origin, ethnic origin, civil status, birth, physical and/or mental disability, social status, religion, age, or religious or political beliefs.
For purposes of establishing the motive as provided in this paragraph, it will not suffice to prove that the defendant has a belief in particular or to prove only that the defendant belongs to a particular organization.
(S) The crime was committed in any building or the grounds of public or private elementary, intermediate, and secondary schools, maternal infant care centers, pre-school, or extended care center for school age children, and Head Start centers, pursuant to the provisions of Act No. 30 of May 16, 1972.
However, it shall be deemed as an aggravating circumstance in all cases, that the person committed the crime while enjoying the benefits of a suspended sentence, parole, conditional release on bail, or probation.
History —June 4, 1980, No. 103, p. 334, § 1; May 12, 1986, No. 23, p. 57; Nov. 14, 1995, No. 220, § 1; July 18, 1998, No. 142, § 1; Aug. 30, 2000, No. 236, § 1; Mar. 4, 2002, No. 46, § 1; Aug. 29, 2002, No. 210, § 1; Sept. 15, 2004, No. 317, § 13; Sept. 16, 2004, No. 328, § 1.