Recital 27

(27) Penalties levels imposed should be further approximated and the effectiveness of such levels should be fostered through introducing common aggravating circumstances that, in accordance with relevant provisions of national law, reflect the gravity of the criminal offence committed. The notion of ‘aggravating circumstances’ should be understood either as facts enabling the national judge or court to pronounce more severe sentences for the same offence than the sentence normally imposed without such facts, or as the possibility to treat several criminal offences cumulatively in order to increase the level of the penalty. Member States should ensure, in accordance with national law, that at least one of the following can be regarded as aggravating circumstances: where the offence was committed in the framework of a criminal organisation as defined in Council Framework Decision 2008/841/JHA (11); where the offence involved false or forged documents; where the offence was committed by a professional service provider in violation of the professional obligations of such professional service provider; where the offence was committed by a public official when performing his or her duties, who can be any relevant official, whether holding a formal office in the Union, in the Member States or in third countries, or another person performing a public function; where the offence generated or was expected to generate substantial financial benefits, or avoided substantial expenses, directly or indirectly; where the offender destroyed evidence, or intimidated or influenced witnesses or complainants; or where the natural or legal person had previously been definitively convicted. Member States should ensure that at least one of those aggravating circumstances is provided for as a possible aggravating circumstance in accordance with applicable rules in their legal system on aggravating circumstances. In any case, it should remain within the discretion of the judge or the court to determine whether to increase the sentence, taking into account the specific circumstances in each individual case.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.