1. Aggravating or mitigating circumstances of any personal nature shall aggravate or mitigate the responsibility only of those in whom they are present.
2. Circumstances related to the material execution of the act or the means employed to carry it out shall only serve to aggravate or mitigate the responsibility of those who were aware of them at the time of the act or their cooperation in the crime.
3. When the instigator or accomplice lacks the conditions, qualities, or personal relationships that establish the guilt of the perpetrator, the judges or courts may impose a penalty one degree lower than that prescribed by law for the offense in question.