. Section 2 – The penal latitude and deviations from the penal latitude (673/2014) The sentence is determined in accordance with the penal latitude that is provided for the offence. Deviations from it may be made as provided in sections 8 and 8(a). The maximum sentence provided in the scale may be exceeded as provided in Chapter 7. Section 3 – The points of departure in sentencing (515/2003) (1) In sentencing, all grounds according to law affecting the amount and type of punishment, as well as the uniformity of sentencing practice, are taken into account. (2) The grounds affecting sentencing are those provided in sections 4 through 8 of this Chapter as well as those provided elsewhere in law. (3) In deciding on the type of punishment, the provisions of sections 9 through 12 apply in addition to the grounds affecting sentencing. Determining the sentence Section 4 – The general principle (515/2003) The sentence shall be determined so that it is in just proportion to the harmfulness and dangerousness of the offence, the motives for the act and the other culpability of the offender manifest in the offence. Section 5 – Grounds increasing the punishment (564/2015) (1) The following are grounds for increasing the punishment: (1) the methodical nature of the criminal activity, (2) commission of the offence as part of the activity of an organised criminal group, (3) commission of the offence for remuneration, (4) commission of the offence for a motive based on race, skin colour, birth status, national or ethnic origin, religion or belief, sexual orientation or disability or another corresponding grounds, and (5) the criminal history of the offender, if the relation between it and the new offence, due to the similarity between the offences or otherwise, shows that the offender is apparently heedless of the prohibitions and commands of the law. (2) “Organized criminal group” refers to a structured association of three or more persons, existing for a period of time and acting in concert with the aim of committing offences that are punishable by a maximum sentence of imprisonment for at least four years, or offences referred to in Chapter 11, section 10 or Chapter 15, section 9.

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