Article 54. Circumstances Which Aggravate Criminal Liability and Punishment

1. The following shall be recognised as circumstances which aggravate criminal liability and punishment:

a) repetition of crimes, criminal recidivism;

b) the causation of serious consequences by a crime;

c) the commission of a crime within a group of persons, a group of persons in preliminary collusion, an organized group or a criminal association (criminal organization);

d) an especially active part in the commission of a crime;

e) involvement in the commission of a crime of persons who suffer from serious psychic disorders, a given convict being aware of that fact, or persons who did not reach the age from which criminal liability arises;

f) the commission of a crime under a motivation of national, racial, or religious hatred or enmity, out of revenge for lawful actions of other persons, as well as for the purpose to conceal another crime, or to facilitate its commission;

g) the commission of a crime with regard to a woman who is pregnant, a convict being aware of that fact, as well as with regard to a small child, another defenseless or helpless person, or a person who is dependent upon the convict;

h) the commission of a crime with regard to a person or his relatives in relation to the implementation by that given person of his official, professional, or public duty;

i) the commission of a crime involving an atrocity, sadism, mockery, as well as torments for the victim;

j) the commission of a crime with the use of arms, ammunition, explosive substances, an explosive or other devices imitating them, specially made technical instruments, combustible and inflammable liquids, poisonous and radioactive materials, medicinal and other chemico-pharmacological substances, as well as with the application of physical or psychic coercion, or by generally dangerous methods;

k) the commission of a crime with the use of conditions of an extraordinary situation, natural or other social disaster, as well as in cases of mass unrest;

l) the commission of a crime in a condition of alcoholic, narcotic, or toxicomanic inebriation. A court shall have the right, depending on the character of a given crime, not to recognise this circumstance as aggravating;

m) the commission of a crime by a person who violated by that a military oath or a professional vow;

n) the commission of a crime with the use of trust rendered to a convict by virtue of his service position or a certain contract;

o) the commission of a crime with the use of a uniform or documents of a representative of authority.

2. If a circumstance, which is indicated in the first part of this Article, is stipulated by the relevant article of the Special Part of the present Code as an element of a crime, it may not be again taken into consideration as a circumstance aggravating liability and punishment.

3. When establishing punishment, a court may not recognise as aggravating circumstances which are not indicated in the first part of this Article.

Date: 2014-12-21; view: 945