Being accused of membership in a criminal organization or group is one of the most complex legal situations someone can face. This crime, regulated in the Spanish Criminal Code, involves severe consequences that go beyond a simple financial or administrative sanction. Below, we break down everything you need to know about prison sentences for membership in a criminal organization or group, the differences between these two criminal figures and how to face this accusation.
What does it mean to belong to a criminal organization or group?
Article 570 bis of the Criminal Code defines a criminal organization as a group of three or more persons, with a stable character, defined roles and the purpose of committing serious crimes. On the other hand, article 570 ter regulates criminal groups, which have a less complex structure and can operate more temporarily.
Main differences between criminal organization and criminal group
- Criminal Organization: Permanent, hierarchical structure with long-term criminal purposes. Its members usually plan serious crimes such as drug trafficking, human trafficking or money laundering.
- Criminal Group: Lesser degree of organization and permanence. Although they can commit serious crimes, their activities are less structured.
The Criminal Code sanctions both figures, but the penalties for membership in a criminal organization or group vary according
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What are the prison sentences for membership in a criminal organization?
Those persons who promote, constitute, organize or direct a criminal organization face more severe penalties due to their responsibility in structuring and leading the group.
When the objective of the organization is to commit serious crimes such as:
The leaders of the criminal organization will be punished with the penalty for membership in a criminal organization of up to 8 years in prison and for the rest of crimes with penalties of up to 6 years in jail.
Persons who actively participate in the organization, are part of it or cooperate financially are also subject to criminal sanctions, although the penalties are lower compared to the leaders, when the organization aims to commit serious crimes the penalties for membership in a criminal organization for the cooperators or those who actively participate in the criminal organization will be up to 5 years in prison and up to 3 years in jail for their participation in the rest of criminal activities.
Murder and membership in a criminal organization is punished with the reviewable life imprisonment sentence. Regardless of the role they have in the organization.
Latin youth gangs
Since the early 2000s, Spain has experienced the emergence and growth of Latin youth gangs, which represent a challenge for both public safety and the judicial system. These organizations, initiated with the arrival of the Latin Kings —of Ecuadorian origin—, have expanded with the formation of new groups such as Ñetas, Dominicans Don’t Play (DDP), Trinitarios, Forty Two and Bling Bling. This phenomenon is not only limited to the realm of urban violence, but also impacts communities and generates social concern.
Characteristics of Latin gangs
Although each gang has particularities, they share a series of common characteristics that distinguish them as organized and dangerous structures:
These gangs have a hierarchical internal organization and a pyramidal structure. Each member must strictly obey the leaders, who exercise absolute control over the group’s decisions and activities. Within this structure:
- Internal rules known as «laws» or «norms» are established that must be complied with under threat of reprisals.
- Leaders impose severe sanctions on those who violate the rules or challenge their authority.
Membership in these gangs requires absolute loyalty to the group. Members consider the gang as their family and adopt an ideology based on protecting the collective from the outside. This sense of belonging is key to maintaining cohesion and internal control.
Each member has a specific role within the organization. Some are in charge of recruiting
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.