|Sanctions in the Church » Offenses and Penalties in General » The Subject Liable to Penal Sanctions|
|§1. A judge must inflict a more serious punishment than that prescribed in the law or precept when:
1° a person, after being condemned, or after the penalty has been declared, continues so to offend that obstinate ill will may prudently be concluded from the circumstances;
2° a person who is established in some position of dignity, or who, in order to commit a crime, has abused a position of authority or an office;
3° a person who, after a penalty for a culpable offence was constituted, foresaw the event but nevertheless omitted to take the precautions to avoid it which any careful person would have taken;
4° a person who committed an offence in a state of drunkenness or other mental disturbance, if these were deliberately sought so as to commit the offence or to excuse it, or through passion which was deliberately stimulated or nourished.
§2. In the cases mentioned in§1, if the penalty constituted is latae sententiae, another penalty or a penance may be added.
§3. In the same cases, if the penalty constituted is discretionary, it becomes obligatory.
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