Article 6
Aggravating circumstances
1. Member States shall take the necessary measures to ensure that, in relation to the offences referred to in Article 3(1) and (5) and Article 4, the following circumstances are to be regarded as aggravating circumstances:
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(a) |
the offence was committed within the framework of a criminal organisation within the meaning of Framework Decision 2008/841/JHA; or |
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(b) |
the offender is an obliged entity within the meaning of Article 2 of Directive (EU) 2015/849 and has committed the offence in the exercise of their professional activities. |
2. Member States may provide that, in relation to the offences referred to in Article 3(1) and (5) and Article 4, the following circumstances are to be regarded as aggravating circumstances:
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(a) |
the laundered property is of considerable value; or |
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(b) |
the laundered property derives from one of the offences referred to in points (a) to (e) and (h) of point (1) of Article 2. |