The following are aggravating circumstances:
1. Committing the act with treachery.
Treachery exists when the perpetrator commits any of the crimes against persons using means, methods, or forms that directly or specifically tend to ensure its success, without the risk to their person that could arise from the victim's defense.
2. Committing the act by means of disguise, by abusing a position of superiority, or by taking advantage of circumstances of place, time, or assistance from other persons that weaken the victim's defense or facilitate the offender's impunity.
3. Committing the act for a price, reward, or promise.
4. Committing the crime for racist, anti-Semitic, anti-Roma, or other discriminatory reasons related to the victim's ideology, religion, or beliefs; ethnicity, race, or nationality; sex, age, sexual orientation or gender identity; gender-based reasons; aporophobia or social exclusion; illness or disability, regardless of whether such conditions or circumstances actually apply to the person against whom the conduct is perpetrated.
5. Deliberately and inhumanely increasing the victim's suffering, causing unnecessary pain for the commission of the crime.
6. Acting with abuse of trust.
7. Taking advantage of the perpetrator's public position.
8. Being a repeat offender. Recidivism exists when, at the time of committing the crime, the perpetrator has been definitively convicted of a crime included in the same title of this code, provided it is of the same nature.
For the purposes of this section, expunged or expungeable criminal records, as well as those corresponding to minor offenses, shall not be taken into account, except as provided for aggravated offenses involving multiple recidivism.
Final judgments issued by judges or courts in other Member States of the European Union shall have the effect of recidivism unless the criminal record has been expunged or could be expunged under Spanish law.