närästymistekijä

Närästymistekijä is a Finnish term that translates to "aggravation factor" or "aggravating circumstance" in English. It refers to a condition or situation that makes a crime or offense more serious in the eyes of the law, potentially leading to a harsher punishment.

These factors are typically considered by a judge during sentencing. They are not elements that need to be proven to establish guilt for the crime itself, but rather elements that influence the severity of the penalty. Examples of närästymistekijä could include the vulnerability of the victim, the premeditated nature of the crime, the extent of the damage caused, or the offender's past criminal record. The specific circumstances that constitute a närästymistekijä are often defined by Finnish law and vary depending on the type of offense.

The presence of an aggravation factor suggests that the offender's culpability is higher than in a case without such factors. Therefore, sentencing guidelines or judicial discretion might lead to an increased fine, a longer prison sentence, or other forms of penalty. The concept aims to ensure that the punishment aligns with the overall seriousness and blameworthiness of the criminal act. It is distinct from mitigating factors, which might reduce the severity of the sentence.