1In determining the seriousness of the disciplinary misconduct and the type of disciplinary measure, the Councils shall consider the following factors:

anature and circumstances of the conduct;

bdegree of culpability and the motive;

ceffects of a misconduct;

çprofessional data, disciplinary cases and criminal record of the magistrate;

dextent of any dangers posed by the misconduct;

dhall the relevant circumstances of the misconduct;

ecircumstances related to the health status of the magistrate;

ëthe magistrate’s behaviour following the misconduct and after initiation of investigation;

fthe magistrate’s attitude during and in relation to the disciplinary proceedings; and

gany other matter that the Council considers relevant.

2In imposing disciplinary measures, a Council must:

asubstantiate the principle of proportionality, and

btake into account any mitigating or aggravating factors.

3Mitigating circumstances in accordance with paragraph 2 of this Article are:

athe misconduct is a first incident for the magistrate;

bthe magistrate acted under the influence of a third person guided by loyalty or fear;

cthe magistrate’s misconduct played a minor part taking account of the overall circumstances;

çthe magistrate cooperated in the investigation and disciplinary proceedings, including where relevant by providing admissions and helpful information for the investigation and disciplinary proceedings;

dthe magistrate has repaired damage caused by the misconduct or has actively assisted in obliterating or alleviating the consequences ;

dhthe time elapsed since the misconduct occurred;

eany other circumstance existing, that in the opinion of the Council deserving leniency.

4Aggravating circumstances in accordance with paragraph 2 of this Article are:

amisconduct being committee more than once, or the misconduct is committed after a disciplinary measure was imposed for a previous misconduct;

bmisconduct has been continuous;

cthe misconduct was committed due to discriminatory motives;

çthe misconduct was committed due to other weak motives;

dinstigating others to a misconduct or unlawful behaviour;

dhthe misconduct was committed by way of exploiting weaknesses or vulnerabilities of others;

eupon the existence of any other circumstance, wherefore the Council deems aggravating the committed misconduct.