On Tuesday, October 30, our lawyer Ignacio Montoro Iturbe-Ormaeche was invited as a speaker to teach a class on modifying circumstances of criminal liability to students of the Master's in Access to Law at Universidad Rey Juan Carlos, held at its Plaza Manuel Becerra campus.
In this two-hour theoretical-practical session, Ignacio Montoro explained the circumstances surrounding the application of incomplete defenses, mitigating and aggravating factors, using practical cases that helped students understand the importance of modifying circumstances in their daily practice as lawyers.
Some of the key issues discussed included the communicability of the mitigating factor of damage reparation and its applicability after the start of the oral trial; late confession of the facts and cooperation with justice as an analogous mitigating factor; differences in magnitude between complete and incomplete defenses and their essential and non-essential elements; the aggravating factor of recidivism and the importance of proving it by the accusers; the introduction of new modifying circumstances during the oral trial and the calculation of sentences after the application of modifying circumstances.