General Part

Section 3.

Punishment.

Chapter 10.

Assignment of punishment.

Article 63. Circumstances aggravating the liability and punishment.

1. Circumstances aggravating the liability and punishment are as follows:
1) repeated committal of crime; committing crime as a trade, occupation;
2) causing severe consequences by the crime;
3) committal of crime in a group of individuals, in an organized group or as a part of criminal association;
4) particularly active role in the crime;
5) involvement into the committal of the crime of persons who obviously suffer from mental disorder or who are intoxicated, as well as involvement of persons who are still under age for criminal liability;
6) committal of crime by ethnic, racial or religious motives, for religious fanatism, as revenge for other people’s legitimate actions;
7) committal of crime to conceal another crime or in order to facilitate this crime;
8) committal of crime against an obviously pregnant woman, against children, other insecure and helpless persons, or against persons dependent from the perpetrator;
9) committal of crime against a person or one’s spouse, or close relative, which is related to the implementation of service or public duty by this person;
10) committal of crime by a person whereby breaching the military or professional oath;
11) committal of crime with particular cruelty, treating the aggrieved with humiliation or torture;
12) committal of crime in a way that is dangerous for the society;
13) committal of crime under martial law or emergency situation, in conditions of a natural or other civil disaster, as well as during mass disorder and turmoil;
14) committal of crime under the influence of alcohol, narcotic drugs or other intoxicating substances;

Article 71. Circumstances Aggravating the Criminal Liability or the Punishment

1. Circumstances aggravating the criminal liability or punishment shall be as follows:

1) commission of a criminal offence by a person who has a record of conviction;
2) commission of a criminal offence being involved in a group or a criminal organization;
3) particularly active role in the commission of a crime;
4) involvement of persons who suffer from mental health issues or who are not sober (drunk), or who have not yet attained the age for criminal liability into the commission of a criminal offence, if the criminal realizes that the person has mental health issues, is not sober (drunk) or has not reached the age of criminal liability;
5) commission of an intentional criminal offence against a minor, or together with minor, or in the presence of a minor realizing the nature of act of the criminal, when the criminal realizes that the person is a minor;
6) commission of a criminal offence by motives of hatred, intolerance or hostility conditioned by racial, national, ethnic, or social origin, religion, political or other views, other personal or social factors;
7) commission of a criminal offence by a motive of revenge for other person’s lawful actions;
8) commission of a criminal offence for the purpose of concealing another crime or facilitating the commission thereof;
9) commission of a criminal offence against a pregnant woman, a helpless or vulnerable person or a person dependent from the criminal, if the criminal realizes that the woman is pregnant or the person is in a helpless, or vulnerable situation or is dependent from him/her;
10) commission of a criminal offence against a person or the person’s close relative or close person that is connected with the discharge of official or professional activities or public duty thereby;
11)commission of a criminal offence with particular cruelty, exposing the victim to mockery, torment or suffering;
12)commission of a criminal offence by use of official or service powers or influence conditioned thereof;
13) commission of a criminal offence in a manner dangerous to the public;
14)commission of a criminal offence by use or threat of use of weapon, ammunition, explosive substances or explosive devices or radioactive substances;
15) commission of a criminal offence by use of narcotic drugs, psychoactive (psychotropic) substances, or other drugs with a strong influence;
16) commission of a criminal offence under the influence of alcohol, narcotic drugs, psychoactive (psychotropic) substances, or other drugs with a strong influence, if the criminal has put himself/herself in that situation;
17) commission of a criminal offence by use of situation of martial law or emergency situation, emergency condition as well as mass disorder;

2. When imposing punishment the court may not take into account other aggravating circumstances, not envisaged in Part 1 of this Article.

3. When any circumstance specified in Part 1 of this Article, is envisaged by the relevant Article of the Special Part of this Code as an element of a crime, it may not be taken into account again as a circumstance aggravating liability or punishment.

4. In case of recidivism when imposing punishment in the manner prescribed under Article 76 of this Code, the aggravating circumstance specified in point 1 of Part 1 of this Article shall not be considered as an aggravating circumstance.