Article 15 — Aggravating circumstances

1. To the extent that it does not already form part of the constituent elements of the criminal offences referred to in Articles 3 to 6 and 9, Member States shall take the necessary measures to ensure that, in relation to the relevant criminal offences referred to in Articles 3 to 6 and 9 to 11, the circumstance that the offences have been committed within the framework of a criminal organisation within the meaning of Framework Decision 2008/841/JHA is regarded as an aggravating circumstance. 2. To the extent that the following circumstances do not already form part of the constituent elements of the criminal offences referred to in Articles 3 to 6 and 9, Member States may take the necessary measures to ensure that, in relation to the relevant offences referred to in Articles 3 to 6 and 9 to 11, one or more of the following circumstances can, in accordance with national law, be regarded as an aggravating circumstance: (a) the offender is a high-level official; (b) the offender has previously been convicted by a final judgment of offences of the same nature as those referred to in Articles 3 to 6 and 9 to 11; (c) the offender obtained a substantial benefit or the offence caused substantial damage, to the extent that such benefit or damage can be determined; (d) the offender exercises investigation, prosecution or adjudication functions; (e) the offender took advantage of the vulnerable situation of a person involved in the commission of the offence; (f) the offender is an obliged entity within the meaning of Article 2 of Directive (EU) 2015/849 of the European Parliament and of the Council, or an employee of an obliged entity, or has the power, whether individually or as part of an organ of the obliged entity, to represent that entity, or the authority to take decisions on behalf of that entity or to exercise control within the obliged entity, and has committed the offence in the exercise of his or her professional activities.