While there is no obligation to increase sentences, Member States should ensure that the judge or the court is able to take into account the aggravating circumstances set out in this Directive, as implemented in national law, when sentencing offenders. It remains within the discretion of the judge or the court to determine whether to increase the sentence due to the specific aggravating circumstances, taking into account the specific circumstances in each individual case. Member States should not be obliged to provide for aggravating circumstances where national law provides for the criminal offences defined in Council Framework Decision 2008/841/JHA to be punishable as separate criminal offences and this could lead to more severe penalties.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
