Article 8 — Aggravating circumstances

To the extent that the following circumstances do not form part of the constituent elements of the criminal offences referred to in Article 3, Member States shall take the necessary measures to ensure that, in relation to the relevant criminal offences referred to in Articles 3 and 4, one or more of the following circumstances can, in accordance with national law, be regarded as an aggravating circumstance: (a) the offence caused the destruction of, or irreversible or long-lasting substantial damage to, an ecosystem; (b) the offence was committed in the framework of a criminal organisation within the meaning of Council Framework Decision 2008/841/JHA (40); (c) the offence involved the use by the offender of false or forged documents; (d) the offence was committed by a public official when performing his or her duties; (e) the offender has previously been convicted by a final judgment of offences of the same nature as those referred to in Article 3 or 4; (f) the offence generated or was expected to generate substantial financial benefits, or avoided substantial expenses, directly or indirectly, to the extent that such benefits or expenses can be determined; (g) the offender destroyed evidence, or intimidated witnesses or complainants; (h) the offence was committed within an area classified as a special protection area pursuant to Article 4(1) or (2) of Directive 2009/147/EC, or a site designated as a special area of conservation in accordance with Article 4(4) of Directive 92/43/EEC or a site listed as site of Community importance in accordance with Article 4(2) of Directive 92/43/EEC. The aggravating circumstance referred to in point (a) of this Article shall not apply to the criminal offences covered by Article 3(3).

1 national measure recorded under this provision, in 1 form — sign in to view the analysis.

← 4 · All articles · 9 →

Source: EUR-Lex CELLAR · retrieved 2026-09-04