GENERAL PART
Chapter VIII
SPECIFYING PUNISHMENTS
Article 77. Aggravating Circumstances
(1) When determining punishment, the following shall be considered as aggravating circumstances :
a) the commission of a crime by a person who previously was convicted for a similar crime or of other acts relevant to the case ;
b) severe consequences caused by the commission of the crime ;
c) the commission of a crime with any form of participation ;
d) the commission of a crime due to social, national, racial, or religious hatred ;
e) the commission of a crime against a person known to be under 14 years of age or against a pregnant woman or by taking advantage of the victim's known or obvious helpless condition caused by advanced age, disease, physical or mental handicap, or another factor ;
f) the commission of a crime against a person in connection with his/her professional or social duties ;
g) the commission of a crime using juveniles, persons in difficulty, mentally retarded persons, or persons dependent on the perpetrator ;
h) the commission of a crime through extremely cruel acts or humiliation of the victim ;
i) the commission of a crime by means that pose a great social danger ;
j) the commission of a crime by a person in a state of intoxication caused by the consumption of substances mentioned in article 24: the court has the right, depending upon the nature of the crime, not to consider this as an aggravating circumstance ;
k) the commission of crime with the use of weapons, ammunition, explosive substances, or similar devices, specially prepared technical devices, noxious and radioactive substances, medical and other chemical/pharmaceutical preparations, and the use of physical and mental coercion ;
[Letter I) excluded by Law No. 277-XVI dated 18.12.2008, in force as of 24.05.2009]
m) the commission of a crime by taking advantage of a state of emergency, natural calamities, and mass disorders ;
n) the commission of a crime by abusing someone's trust.
(2) If the circumstances mentioned in par. (1) are also set forth in the corresponding articles of the Special Part of the this Code as evidence of these criminal components, they may not be concurrently considered as aggravating circumstances.
Sentencing - national proceedings
Determination of sentence - national proceedings
Aggravating factors - national proceedings
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