Criminal Organization Membership Charges | Defense Lawyer

Membership in a criminal organization or group is a crime that seriously affects public order and is codified in the Spanish Penal Code. This article breaks down the main characteristics of these crimes, their differences, and the legal consequences for the accused.

Within organized crime we find some examples such as the cartels of Mexico and Colombia, like the Medellín cartel, the Cali cartel, the Sinaloa cartel or the Jalisco cartel, as well as the Italian mafias like the American Cosa Nostra.

Requirements for the crime of membership in a criminal organization or group

In police investigations, there are certain factors that are key to identifying evidence of membership in a criminal organization or group. For this purpose, the Prosecutor’s Office issued a Circular in 2011 establishing that if at least six characteristic elements of those we will mention below are detected, they are indicators of membership in a criminal association.

These elements serve to determine, according to their intensity, the level of threat that different groups may represent.

Existence of an organized group of more or less numerous persons

The first key indicator is the presence of a group of people, which may be more or less numerous, but always with a defined structure that facilitates the execution of criminal activities

Division of tasks and hierarchy

How membership in a criminal organization or group is regulated in the Penal Code

Before addressing the specific legal framework, it is essential to understand that a person can only be convicted of belonging to a criminal organization or group if it is proven that they are part of an illicit association dedicated to committing criminal activities.

This means that whoever participates in a criminal organization can be sanctioned both for the specific crimes committed and for their involvement in the structure of said organization. Furthermore, the severity of penalties may vary depending on the role played within the group and the type of crimes committed under its umbrella.

In this context, international organizations have redoubled their efforts to combat organized crime, imposing more severe sanctions on crimes related to these structures, with the aim of dismantling their operations and preventing new illicit activities.

Organized crime in Spain

In Spain, some criminal groups operate with a standardized modus operandi, characterized by the repetition of common criminal patterns. These organizations, although in many cases small, share factors such as the nationality or geographical origin of their members, which influences their structure and form of operation.

Among the crimes that predominate in organized crime in our country, the following activities stand out:

• Membership in criminal organization in the Penal Code

  Membership in a criminal organization is regulated in article 570 bis of the Spanish Penal Code, which defines these structures as groups formed by at least three persons, with a stable structure and defined coordination, whose purpose is the commission of serious crimes. This concept includes elements such as permanence, hierarchy, and division of functions, which are essential to define what constitutes a criminal organization.

  Below, we break down the key aspects of this crime and the conducts related to membership in a criminal organization or group.

   

  Definition of Criminal Organization

  The Spanish Penal Code describes a criminal organization as a permanent and indefinite association in time, in which its members, acting under a prior agreement, divide responsibilities and tasks with the objective of committing serious crimes.

  For a group to be classified as a criminal organization, the following requirements must be met:

  1. Stable and permanent character: The organization must not be occasional or circumstantial, but its existence must extend over time.
  2. Coordination among members: Roles and tasks are clearly defined and organized.
  3. Hierarchical structure: Generally there exists a relationship of leadership and submission among the members.
  4. Criminal purpose: The main objective of the group is the commission of criminal activities.

  These aspects differentiate a criminal organization from other

What is a criminal group?

The crime of membership in a criminal group, according to article 570 ter of the Penal Code, is the union of at least three persons with the purpose of committing crimes. Although it shares certain similarities with a criminal organization, it presents key differences:

1. Basic structure: Unlike criminal organizations, criminal groups do not have a strict hierarchy or defined roles among their members.
2. Non-fortuitous character: They are not formed casually to commit an immediate crime, but have a basic structure and minimal permanence.
3. Criminal objective: Their main purpose is to carry out illicit activities.

Difference between criminal organization and group

What is the difference between criminal organization and group?

It is important to note that the Spanish Penal Code distinguishes between a criminal organization and a criminal group. The main difference lies in their structure and level of permanence:

• Criminal organization: Has a stable hierarchical structure, defined roles and continuity over time.
• Criminal group: May lack the same organizational complexity and permanence, but its objective remains the commission of crimes.

How can a criminal defense attorney help you if you have been accused