Aggravating factors

Aggravating factors influence sentencing by showing that an offence is more serious than its basic form. They may concern the manner of commission, motive, vulnerability of the victim, abuse of trust, prior offending, group action, or especially harmful consequences. Swiss sentencing assesses such circumstances within the statutory range and under the principle that punishment should reflect culpability and proportionality. Some aggravating elements are built into specific offences, while others operate at sentencing; double counting the same fact must be avoided.