325. The nature of the offence.

For the purposes of establishing whether prohibited conduct is 'criminal' within the meaning of Article 61, relevant factors relating to the nature of the offence include:

  1.  

    (1)     whether the offence is of general or limited application2;

  2.  

    (2)     whether proceedings are brought by a public authority under statutory powers3;

  3.  

    (3)     whether the proceedings have punitive and deterrent elements4;

  4.  

    (4)     the classification of the offence across the states of the Council of Europe5;

  5.  

    (5)     the 'seriousness' per se of the conduct