He organized gang crime They are groups of more than two people whose object and purpose is the commission of crimes. They operate under a false appearance in accordance with the law, increasing the treachery of their conduct in such a way quantitative and qualitative.
They are regulated in the title "Of the organizations and crimes of terrorism”. The section will be the First of the 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 quantitatively multiply the harmful potential of the different criminal behaviors configured.
They alter the normal functioning of markets and institutions, corrupting the nature of affairs legal. They even compromise the management and capacity of action of the State bodies.
The criminal reaction to 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 goal 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 of the Republic 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 the 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 petty criminal activities operates through the Criminal Group.
There are, therefore, two levels of danger for the protected legal assets, so that each of the conducts is penalized with a different penal sanction, the most serious corresponding to the conduct practiced by the criminal organization.
Subjects and types of crime organized gang
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 legal interest injured or in danger.
The passive subject can be the individual person, the collective person, the society or the state. These criminal offenses require a specific fraud consisting of the purpose 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, defines 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 kinds of resources, including financiers, prepare the accommodation, or direct the actions of others. These involve those who run part of a transport operation in drug trafficking according to 808/2005.
• Actively participate in a criminal band, be 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.
The jurisprudence requires that the participant knows that he is collaborating with an organization. The definition of organized gang crime It 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 with a stable character or for an indefinite period of time. When in a coordinated way they distribute various tasks or functions to commit crimes.
Organized gang crime requirements
To understand that there is a organized gang crime the existence of these essential requirements is necessary:
- subjective grouping: the criminal gang must be composed of more than two people, and there must be a certain hierarchy between them.
- Constancy: the criminal gang must be stable or indefinitely, 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 gang must have as its purpose the commission of crimes as a consequence of the collective will. The reform of LO 1/2015 declassified the infractions as purposes of the criminal gang.
Criminalization of organized gang crime
They are penalized officials (Those who promote, constitute, organize, coordinate or direct the criminal organization).
If he organized gang crime it is serious, a prison sentence of 4 to 8 years is applied. If minor crimes are prosecuted with a prison sentence of 3 to 6 years.
Participants, who are actively in the organization or work with it economically, will be penalized. 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 to 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 exposed in article 570 of the penal code.
That it has means of communication or advanced technological transport that are especially for the execution of crimes. That the crimes threaten the life or integrity of people, sexual freedom or human trafficking.
