1. In applying the penalty for intentional crimes, judges or courts shall observe the following rules, depending on whether or not there are mitigating or aggravating circumstances:
1. When only one mitigating circumstance is present, they shall apply the penalty in the lower half of that established by law for the crime.
2. When two or more mitigating circumstances are present, or one or more highly qualified circumstances, and no aggravating circumstances are present, they shall apply a penalty one or two degrees lower than that established by law, taking into account the number and nature of said mitigating circumstances.
3. When only one or two aggravating circumstances are present, they shall apply the penalty in the upper half of that established by law for the crime.
4. When more than two aggravating circumstances are present and no mitigating circumstances are present, they may apply a penalty one degree higher than that established by law, in its lower half.
5. When the aggravating circumstance of recidivism is present, with the qualification that the offender had been definitively convicted of at least three offenses included in the same title of this Code, provided they are of the same nature, the court may apply the next higher penalty than that prescribed by law for the offense in question, taking into account the prior convictions, as well as the seriousness of the new offense committed.
For the purposes of this rule, expunged or expungeable criminal records shall not be considered.
6. When neither mitigating nor aggravating circumstances are present, the court shall apply the penalty established by law for the offense committed, to the extent it deems appropriate, considering the offender's personal circumstances and the greater or lesser seriousness of the act.
7. When both mitigating and aggravating circumstances are present, they shall be rationally assessed and balanced for the individualization of the sentence. If a qualified mitigating circumstance persists, the court shall apply the next lower penalty. If a qualified aggravating circumstance is maintained, the penalty shall be applied in its upper half.
8. When judges or courts apply a penalty more than one degree lower, they may do so in its entirety.
2. In minor offenses and negligent offenses, judges or courts shall apply the rules at their prudent discretion, without being bound by the rules prescribed in the preceding paragraph, except as provided for offenses aggravated by multiple recidivism of minor offenses.