Skip to main content
Version status: Published
Version date: 3 May 2023 - onwards

Article 18 Aggravating and mitigating circumstances

1. Member States shall take the necessary measures to ensure that the following circumstances are to be regarded as aggravating circumstances, in relation to the offences referred to in Articles 7 to 14:

(a) the offender is a high level official;

(b) the offender has been convicted before of an offence referred to Articles 7 to 14;

(c) the offender obtained a substantial benefit or the offence caused substantial damage;

(d) the offender committed the offence for the benefit of a third country;

(e) the offender exercises investigation, prosecution or adjudication functions;

(f) the offence was committed within the framework of a criminal organisation within the meaning of Framework Decision 2008/841/JHA; and