Article text
(1) The Court shall increase the penalty as provided by law (Art. 183) in the following cases;
(a) when the criminal acted with treachery, with perfidy, with a base motive such as envy, hatred, greed, with a deliberate intent to injure or do wrong, or with special perversity or cruelty;
(b) when he abused his powers, or functions or the confidence, or authority vested in him;
(c) when he is particularly dangerous on account of his antecedents, the habitual or professional nature of his crime or the means, time, place and circumstances of its perpetration, in particular if he acted by night or under cover of disturbances or catastrophes or by using weapons, dangerous instruments or violence;
(d) when he acted in pursuance of a criminal agreement, together with others or as a member of a gang organized to commit crimes and, more particularly, as chief, organizer or ringleader;
(e) when he intentionally assaulted a victim deserving special protection by reason of his age, state of health, position or function, in particular a defence less, feeble-minded or invalid person, a prisoner, a relative, a superior or inferior, a minister of religion, a representative of a duly constituted authority, or a public servant in the discharge of his duties.
(2) When the law, in a special provision of the Special Part, has taken one of the same circumstances into consideration as a constituent element or as a factor of aggravation of a crime, the Court may not take this aggravation into account again.