Article 316 Federal Criminal Code

It is understood that there is advantage:

I.- When the offender is superior in physical strength to the offended party and the latter is not armed;

II.- When he is superior by the weapons he uses, by his greater skill in handling them or by the number of those who accompany him;

III.When he avails himself of any means that weakens the defense of the offended party;

IV.When the latter is unarmed or fallen and the former is armed or standing;

V.The active subject is a man superior in physical strength and the passive subject is a woman or a person under eighteen years of age;

VI.The homicide and the injuries are caused in situations of family violence; and

VII.There exists a situation of vulnerability motivated by physical or mental condition or by discrimination.

The advantage shall not be taken into consideration in the first three cases, if the one who has it acts in legitimate defense, nor in the fourth, if the one who is armed or standing was the aggrieved party, and, moreover, his life would have been in danger for not taking advantage of that circumstance.