Attenuating is what makes less serious, more tenuous. It can be a mitigating circumstance, factor, or even a subject that acts as a mitigating factor for something.
In Brazilian Law, the term mitigating is a concept used as penalty reducer for a crime committed, provided for in the Penal Code (CP).
The sense of mitigating is usually associated with make it better, with reducing a complication factor. For example, when using an analgesic as a pain reliever, that is, it is what reduces the intensity of pain.
See also the meaning of attenuate.
Between the synonyms of mitigating are attenuating, facilitating, favorable, simplifying, smoothing, and palliative.
You antonyms mitigating factors would be aggravating, aggravating, negative and unbearable.
Mitigating circumstances
The mitigating circumstances and causes for the reduction of the sentence were established by article 65 of the Brazilian Penal Code, and are as follows:
- The defendant is under 21 years of age when he committed the crime or misdemeanor. Known as underage mitigation.
- The defendant must be over 70 years of age on the date of sentencing.
- Claim ignorance of the law.
- Having committed the crime for reasons of social or moral value
- Have spontaneously tried to avoid or lessen the consequences of the crime soon after having committed. Or have repaired the damage before the trial.
- He acted under duress or under orders from a higher authority.
- Confession attenuator: The author spontaneously confessed to the authorities.
- The crime was committed influenced by a rioting mob, as long as it did not cause the same.
And there are still circumstances generic mitigants or unnamed mitigants, of which article 66 of the Penal Code speaks. These are situations not defined by law, but which constitute exceptional cases to be considered by the judge when determining the sentence, such as the defendant's repentance.
Some legal understandings in Brazil place TPM - pre-menstrual tension - as a condition for reducing the sentence, as it is, in some cases, a disorder of the mental state.
Learn more about the meaning of Mitigating Circumstances.
Attenuating and aggravating
For Brazilian criminal law, mitigating and aggravating circumstances are the circumstances of a crime or offense that act in the application of the penalty. These are elements around the act, but which do not substantially affect its action.
The extenuating one reduces the penalty, and the aggravating one increases the conviction.
After establishing the base penalty for the crime, the judge considers the mitigating and aggravating circumstances before declaring the sentence.
Aggravating circumstances are defined by articles 61 and 62 of the CP, and may be subjective, or personal, or objective. The most common are:
- The defendant is a repeat offender.
- The motive of the crime is futile or base, that is, insignificant or idiotic.
- Drunkenness at the time of the criminal act.
- In case the crime is concealed.
- Performing a trap or ambush.
- The use of a cruel means to commit the crime, such as torture.
- Family relationship with the victim.
- Abuse of authority
- Cowardice action, like a crime against children.