CODE No 985

CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA

COD No. 985 of 18-04-2002 CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA


În vigoare din data de 2016-09-16, valabil până înainte de 2022-07-03

Articol 77
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În vigoare din data de 2022-07-03

Articol 77
Aggravating circumstances

(1) In determining the penalty, the following shall be considered aggravating circumstances:


a) commission of the offence by a person who has previously been convicted of a similar offence or of other offences relevant to the case;


b) the offence has caused serious consequences;


c) commission of the offence by any form of participation;


d) commission of the offence for reasons of prejudice;


e) knowingly committing the offence against a minor or a pregnant woman or taking advantage of the victim's known or obvious helplessness owing to old age, illness, disability or any other factor;


f) commission of an offence against a person in connection with the performance of official or public duty;


g) comission of the offence through or in the presence of minors, persons in need, mentally retarded persons or persons dependent on the offender;


h) commission of the offence with particular cruelty or with hazing of the victim;


i) commission of the offence by means which present a heightened social danger;


j) commission of the offence by a person who is intoxicated through the use of substances referred to in article 24. Depending on the nature of the offence, the court may not consider this as an aggravating circumstance;


k) commission of the offence with the use of weapons, ammunition, explosive substances or devices imitating them, specially prepared technical means, noxious and radioactive substances, medicinal and other chemical-pharmacological preparations, as well as with the application of physical or mental coercion;


m) commission the offence by taking advantage of exceptional circumstances, natural disasters and mass disorder;


n) commission the offence with the use of trust.