GENERAL PROVISIONS
CHAPTER VIII
IMPOSITION OF A PENALTY
Article 60. Aggravating Circumstances
1. The following shall be considered as aggravating circumstances :
1) the act has been committed by a group of accomplices. Taking into consideration the nature and extent of participation of each accomplice in the commission of the criminal act, a court shall have the right not to recognise this circumstance as aggravating ;
2) the act has been committed by an organised group ;
3) the act has been committed by reason of disorderly conduct or for mercenary reasons ;
4) the act has been committed by torturing the victim or subjecting him to taunting ;
5) the act has been committed against a young child ;
6) the act has been committed against a person in a helpless state owing to an illness, disability, old age or for other reasons, in the absence of the person’s request ;
7) the act has been committed against a woman known to be pregnant ;
8) the act has been committed by taking advantage of a public or other person’s disaster ;
9) the act has been committed by a person under the influence of alcohol, narcotic, psychotropic or other psychoactive substances, where these circumstances influenced the commission of the criminal act ;
10) the act has been committed in a publicly dangerous manner or by using explosives, explosive materials or firearms ;
11) the committed act has caused grave consequences ;
12) the act has been committed in order to express hatred towards a group of persons or a person belonging thereto on grounds of age, sex, sexual orientation, disability, race, nationality, language, descent, social status, religion, convictions or views.
2. When imposing a penalty, a court shall not take into consideration an aggravating circumstance which is provided for in a law as constituting the body of a crime.
Sentencing - national proceedings
Determination of sentence - national proceedings
Aggravating factors - national proceedings
EDIT.