La circunstancia agravante de precio, recompensa o promesa. Principales cuestiones que plantea

Abstract

In this paper, the main issues surrounding the aggravating factor of «price» in the Spanish Penal Code (art. 22.3.ª) are analyzed, some more controversial than others. Without prejudice to the necessary references to the qualifying circumstance of murder (art. 139.1 2.ª CP), the different requirements, both objective and subjective in nature, that must concur for the aggravating factor to apply will be addressed. The foundation and legal nature of the circumstance, as well as its compatibility with other modifying circumstances, will also be discussed. Special attention is given to two very relevant and likely the most problematic aspects of the circumstance: whether the price, reward, or promise should exclusively refer to economic benefit, and whether the aggravating factor applies only to the perpetrator of the crime or also to the offeror of the price. It is anticipated that the position of the minority doctrine on both points will be defended here: the aggravation is not limited solely to cases involving economic or monetary incentives given or promised, and this circumstance applies to both the material author of the act and to whoever instigates the commission of the offense through price, reward, or promise.