(4)
Article 8 is replaced by the following: ‘Article 8 Aggravating and mitigating circumstances Member States shall take the necessary measures to ensure that where a criminal offence referred to in Articles 3, 4 or 5 of this Directive is committed within a criminal organisation as defined in Framework Decision 2008/841/JHA, this shall be considered to be an aggravating circumstance. Member States may take the necessary measures to ensure that one or more of the circumstances referred to in Article 15 and 16 of Directive (EU) 2026/1021 can, in accordance with the relevant provisions of national law, be regarded as aggravating and mitigating circumstances, in relation to the criminal offences referred to in this Directive.’ ;
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Source: EUR-Lex (Cellar) · retrieved 2026-10-09 · Text as adopted (Official Journal); later amendments are not incorporated in this text.