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) whether the offence is of general or limited application2;
(2) whether proceedings are brought by a public authority under statutory powers3;
(3) whether the proceedings have punitive and deterrent elements4;
(4) the classification of the offence across the states of the Council of Europe5;
(5) the 'seriousness' per se of the conduct
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