Aggravating circumstances
Article 8
To the extent that the following circumstances do not form part of the constituent elements of the criminal offences referred to in Articles 3 and 4, Member States shall take the necessary measures to ensure that one or more of the following circumstances can, in accordance with national law, be regarded as an aggravating circumstance: (a) the offence was committed in the framework of a criminal organisation as defined in Framework Decision 2008/841/JHA; (b) the offence involved the use by the offender of false or forged documents; (c) the offence was committed by a professional service provider in violation of the professional obligations of such professional service provider; (d) the offence was committed by a public official when performing his or her duties or by another person performing a public function; (e) 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; (f) the offender destroyed evidence, or intimidated witnesses or complainants; (g) the natural or legal person had previously been convicted by a final judgment of offences covered by Articles 3 and 4.