41.1. In determining the penalty, the judge takes into account, among other things, the following aggravating factors:
(1) the seriousness of the harm, or the risk of serious harm, to the health of a person who resorted to assisted procreation activities, or any child born of such activities;
(2) the intentional, negligent or reckless nature of the offence;
(3) the foreseeable character of the offence or the failure to follow recommendations or warnings to prevent it;
(4) the cost to society of making reparation for the injury or damage caused;
(5) the increase in revenues or decrease in expenses that the offender obtained, or intended to obtain, by committing the offence or by omitting to take measures to prevent it.
A judge who, despite the presence of an aggravating factor listed in the first paragraph, decides to impose the minimum fine must give reasons for the decision.