Aggravante

Aggravante is the Italian legal term for an aggravating circumstance, a factor that, when present in relation to a crime, can increase the severity of the offense and the corresponding punishment. The term comes from the verb aggravare, meaning to make worse or more serious.

In Italian criminal law, aggravating circumstances are organized into categories such as generic ("circostanze aggravanti generiche") that can apply to a wide range of offenses, and particular ("circostanze aggravanti particolari") that pertain to specific crimes. They are defined by the Codice Penale and related statutes, and may be identified by the legislature or clarified by judicial interpretation. The presence of an aggravante can lead to a higher penalty within the statutory range, affect the minimum or maximum sentence, or influence the judge’s overall calculus when determining the sentence.

Typical examples include premeditation, use of weapons, cruelty or gratuitous violence, targeting especially vulnerable victims (such as minors or disabled persons), hate-motivated offenses, and recidivism or habitual offending. Mitigating circumstances (circostanze attenuanti) exist alongside aggravating ones and may offset or reduce the impact of aggravants, with the final sentence reflecting a balance between the aggravating and mitigating factors.

The concept exists in many legal systems under the broad English-language term “aggravating factors” or “aggravating circumstances,” serving to justify harsher penalties when the offender’s conduct or circumstances justify a more severe response.