5) commission of crime under strong excitement caused by violence,
severe insult or other wrongful acts by the offence victim;
6) commission of crime under violation of relevance of necessary
defense, extreme necessity, or detention of an offender;
7) commission of crime by a minor;
8) commission of crime by a pregnant woman.
(2) In sentencing, court may also recognize extenuating other
circumstances not listed in this Article.
(3) An extenuation provided for in the Article of the Special Part
hereof as an offence attribute shall not be taken into account anew in
imposition of sentence.
(4) In case of giving oneself up or active assistance in
investigating a crime and absence of aggravating circumstances, the term
or amount of sentence shall not exceed three fourth of the severest
sentence provided for in the appropriate article of the Special Part
hereof.
Article 55. Aggravating Circumstances
(1) Circumstances aggravating liability include:
1) recurrence of crime commitment, recidivism, and commission of
crimes as a business;
2) commission of crime in a group of people, under concert of a
group, organized group or criminal association (criminal organization);
3) commission of crime for lucrative or another base motive;
4) offending a person in connection with such person's service or
public duty or at the person's immediate relatives;
5) causing severe consequences through crime;
6) offending a helpless infant or elder person;
7) offending a woman knowingly pregnant;
8) offending a person that is under material, service or other
dependence on the offender;
9) commission of crime using an infant or a person knowingly
suffering from mental disease or dementia;
10) commission of crime with special cruelty or humiliation;
11) commission of crime using the context of public disaster, mass
riot or state of emergency;
12) commission of crime by a generally dangerous method;
13) commission of crime using arms, ammunition, explosives,
explosive device or its simulator, specially assembled technical means,
poisoning and radioactive substances, medical products or other chemical
and pharmacological products, as well as with physical or mental
coercion;
14) commission of crime aimed to conceal another crime or mitigate
that;
15) commission of crime with the purpose of exploitation, threading
to person's life or health.
(2) Depending on the nature of crime, court has the right not to
recognize aggravating any of the circumstances listed above in the first
part.
(3) In imposition of sentence, court shall not recognize
circumstances not mentioned in this article as those aggravating.