GENERAL PART
SECTION III. Sentence
CHAPTER 10. Imposition of Sentence
Article 62. Aggravating Circumstances
(1) The following circumstances are considered to be aggravating :
a) return to crime, recidivism ;
b) commitment of a crime which causes grave consequences ;
c) commitment of a crime by an organized criminal group or criminal conspiracy ;
d) especially active role in committing a crime ;
e) commitment of a crime using individuals who knowingly suffer from a mental disease, or who are in the state of intoxication, as well as minors ;
f) commitment of a crime on the basis of national or religious hostility, revenge for lawful acts of other persons, and with the purpose to hide another crime ;
g) commitment of a crime against a woman when the defendant had knowledge of the victim's pregnancy, as well as against a minor, an individual who is in a helpless condition, or against an individual having dependence on the defendant ;
h) commitment of a crime in connection with the victim's execution of his official or public duty, or in regard to his close relatives ;
i) commitment of a crime by a person who broke the oath taken or professional oath ;
j) commitment of a crime with extreme brutality or humiliation ;
k) commitment of a crime using arms, ammunitions and explosives ;
l) commitment of a crime under conditions of emergency, social disaster, as well as under conditions of mass disorders ;
m) commitment of a crime in the state of alcoholic and narcotic intoxication ;
n) commitment of an intentional crime in regard to parents ;
o) commitment of a crime on the basis of mercenary or other vile motives.
(2) Depending on the character of the crime a court may not consider circumstances specified in the present article, items "m" and "n" to be aggravating.
(3) Aggravating circumstances specified by the present article , part 1 as an element of the crime shall not be reconsidered when imposing a sentence.
(4) When imposing a sentence a court may not consider circumstances not specified in the present Code to be aggravating.
Aggravating factors - national proceedings
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