The penalties will be increased to those specified in Articles 361, 362, 362 bis, or 362 ter when the offense is committed under any of the following circumstances:
1. That the perpetrator is an authority figure, public official, medical professional, healthcare professional, teacher, educator, or physical or sports trainer, and acts in the exercise of their position, profession, or occupation.
2. That the medicines, active substances, excipients, medical devices, accessories, elements, or materials referred to in Article 362:
a) were offered through mass media; or
b) were offered or provided to minors, persons with disabilities in need of special protection, or persons who are especially vulnerable in relation to the product provided.
3. That the perpetrator belongs to a criminal organization or group whose purpose is the commission of this type of offense.
4. That the acts were carried out in establishments open to the public by the owners or employees thereof.