Penal Code · English · 2015
Article 67
Aggravating Circumstances
the offender acted together with others in pursuance of a criminal agreement, or as a member of a gang organized to commit offences, and especially where the offender acted as chief, organizer, or ringleader of the criminal activity;
#the offender knew or reasonably should have known that the victim of the offence was vulnerable or incapable of resistance by reason of age, health, disability, or for any other reason or where the offender's exhibited lack of remorse or concern for the victim;
#the offender was motivated by bias, prejudice or hate based on religion, national or ethnic origin, language, sex, or race, or otherwise acted out of a base or evil motive;
#the offender was in an official position or other position of trust and abused his powers or authority;
#the offender committed the criminal activity through minors or mentally deficient persons or through persons who did not know the criminal nature of the act at the time of its commission;
#the offender intentionally obstructed or impeded the investigation, gathering of evidence or prosecution of the offence; and
#The Court may rely on any other aggravating factors that are supported by evidence and that are relevant in determining the sentence, but before imposing the sentence the Court shall record those circumstances and the evidence upon which they are based.
#When the law, elsewhere in this Code or in any other provision, has already taken an aggravating circumstance into consideration as a constituent element or as a factor in aggravation of an offence, a Court may not take this aggravation into account again in determining the sentence.
#The Court shall, by direction of the Aggravating Circumstances Chart in Annex II to this Code, determine the penalty within the limits specified in the relevant provisions of the Special Part, taking into account the nature and the multiplicity of grounds of aggravation, as well as the degree of guilt of the offender, if necessary by going to the extent of imposing the maximum sentence enacted. Where circumstances warrant such maximum is binding upon the Court.
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