Russian Federation

The Criminal Code of the Russian Federation

General Part

Section III. Punishment

Chapter 10. Imposition of Punishment

Article 63. Circumstances Aggravating Punishment

1. The following circumstances shall be deemed to be aggravating circumstances:
• a) recidivism of offences;
b) grave consequences of the commission of a crime;
c) commission of a crime by a group of persons or a group of persons as a result of a preliminary conspiracy, by an organized group, or by a criminal community (criminal organization);
d) especially active role played in the commission of a crime;
e) involvement in the commission of the crime of the persons who suffer from heavy mental derangement or who are in a state of intoxication, or of persons who have not reached the age of criminal responsibility;
f) commission of a crime by reason of national, racial, or religious hatred or enmity, out of revenge for the lawful actions of other persons, or with the purpose of concealing or facilitating another crime;
g) commission of a crime against a person or his relatives in connection with his official activity or the discharge of his public duty;
h) commission of a crime against a woman who is obviously in a state of pregnancy, or against a minor, another defenseless or helpless person, or a person who is dependent on the guilty person;
i) commission of a crime with especial brutality, sadism, or mockery, or involving torments for the victim;
j) commission of a crime with the use of weapons, ammunition, explosives, fake explosives, specially manufactured technical means, poisonous or radioactive substances, medicinal or other chemical and pharmacological preparations, or with the use of physical or mental compulsion;
k) commission of a crime during a state of emergency, natural or social disaster, or during mass disturbances;
l) commission of a crime, abusing confidence placed in the guilty person through his official position, or through a contract;
m) commission of a crime with the use of uniforms or documents of representatives of the authorities.

2. If the aggravating circumstance are provided for by the corresponding Article of the Special Part of this Code as elements of anouther crime, then they in and of themselves may not be repeatedly considered in case of imposing punishment .

Keywords

Aggravating factors - national proceedings



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