He organized gang crime They are groups of more than two people whose object and purpose is the commission of crimes. They operate under false pretenses in accordance with the law, increasing the treachery of their conduct in a manner quantitative and qualitative.
They are regulated in the title “Of the organizations and crimes of terrorism”. The section will be the First of terrorist organizations and groups in articles 570 bis of the Criminal Law.
The group classification and criminal organizations responds to the growing need to adequately combat all forms of organized crime. In the commission of major crimes such as terrorism, drug trafficking, human trafficking or cybercrime.
Criminal law in organized gang crime
Spanish criminal law must be interpreted in this matter in light of the United Nations Convention. The evaluation is carried out against the Transnational Organized Crime in New York in 2000, signed by Spain in Palermo.
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The phenomenon of organized crime directly attacks the very foundations of democracy. In it organized gang crime They quantitatively multiply the harmful potential of the different criminal behaviors configured.
They alter the normal functioning of markets and institutions, corrupting the nature of the affairs legal. They even compromise the management and capacity for action of State bodies.
The criminal reaction Its existence is at the center of the concept of public order. In the sense that the conservation of constitutional principles, rights and freedoms corresponds to a rule of law.
The objective of the criminal gangs It is not damaging public order, they are instruments for the practice of other crimes. They are crimes of mere activity or danger in which the consummation collaboration or participation in the organization occurs.
Classification of organized gang crime
Where they carry out an illegal activity, as established by the Attorney General's Office Circular 2/2011. Two groups of typical behaviors with a similar structure can be distinguished.
One made by a criminal organization, the other carried out by a criminal gang. Their different nature requires some differences in the description of typical actions.
Transnational crime operates through criminal band and is characterized by its professionalization, modernization and integration. To the point of influencing complex legal, economic, social or institutional structures, constituting a qualitative threat for security.
He organized crime small-scale with a more limited territorial scope and whose objective is to carry out minor criminal activities operates through the Criminal Group.
There are, therefore, two levels of danger for the protected legal assets, so each of the behaviors is sanctioned with a different criminal sanction, the most serious corresponding to the conduct practiced by the criminal organization.
Subjects and types of organized gang crime
Are multi subjective crimes in which the active subject is formed with the consent of at least three people. The taxpayer will be the owner of the injured or endangered legal interest.
The taxable person can be the individual person, the collective person, the company or the state. These criminal offenses require a specific fraud consisting of the intent or purpose of committing crimes.
Typical actions committed by a criminal organization
The art. 570 bis CP, according to the new wording of LO 1/2015, typifies two groups of behaviors differentiated:
• Promote, establish, organize, coordinate or direct a criminal band. It is related to the behaviors of the leaders of the criminal gang.
They are the ones who give instructions, provide all types of resources, including financial resources, prepare accommodation, or direct the actions of others. These involve those who direct part of a transport operation in drug trafficking according to 808/2005.
• Actively participate in a criminal band, be a part of it or cooperate financially or otherwise with it. They are the behaviors committed by the participants, those who obey orders are ordered and accept the result of their actions.
Jurisprudence requires that the participant know that he is collaborating with an organization. The definition of organized gang crime is given in the second paragraph of art. 570 bis.
LO 1/2015 determines that it is the group formed by more than two people on a stable basis or for an indefinite period of time. When they distribute various tasks or functions in a coordinated manner to commit crimes.
Requirements of the organized gang crime
To understand that there is a organized gang crime The existence of these essential requirements is necessary:
- Subjective grouping: the criminal gang must be made up of more than two people, and there must be a certain hierarchy between them.
- Constancy: the criminal gang must be stable or for an indefinite period, in the sense of the association agreement.
- Structure: its members must share various tasks or functions in a coordinated and coordinated manner. The existence of a foundational action, or a very complex organization, is not necessary.
- Criminal purpose: The purpose of the gang must be to commit crimes as a consequence of collective will. The reform of LO 1/2015 declassified infractions as purposes of the criminal gang.
Criminalization of organized gang crime
Those are punished officials (those who promote, constitute, organize, coordinate or direct the criminal organization).
If he organized gang crime If serious, a prison sentence of 4 to 8 years applies. If minor crimes are pursued with a prison sentence of 3 to 6 years.
Participants, who are actively in the organization or work with it financially, will be sanctioned. If the organization pursues the organized gang crime serious will be a prison sentence of 2 to 5 years.
The specific aggravating factors will be in article 570 a. 2 and 3 of the penal code. They define a series of aggravating circumstances specific for the behaviors described in the first section of the technique.
That the organization is made up of a large number of people. Possess weapons or dangerous instruments. These elements are set out in article 570 of the penal code.
That it has advanced technological means of communication or transportation that are especially for the execution of crimes. That the crimes threaten the life or integrity of people, sexual freedom or human trafficking.