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...a criminal organisation is construed to be a group formed by more than two persons, on a stable basis or for an indefinite term, in collusion and co-ordination to distribute diverse tasks or duties in order to commit criminal offences... We are Organized Crime Lawyers in Spain

We specialize in criminal organisations and groups | Organized Crime Lawyers in Spain

Article 570 bis

1. Whoever promotes, constitutes, organises, co-ordinates or directs a criminal organisation shall be punished with a prison sentence of four to eight years, if it has the purpose or object of committing serious criminal offences, and with a prison sentence of three to six years in other cases; and whoever actively participates in the organisation, forms part thereof or co-operates financially or in any other way therein, shall be punished with a prison sentence of two to five years if its purpose is to commit serious criminal offences, and with a prison sentence of one to three years in other cases.

For the purposes of this Code, a criminal organisation is construed to be a group formed by more than two persons, on a stable basis or for an indefinite term, in collusion and co-ordination to distribute diverse tasks or duties in order to commit criminal offences.

2. The penalties foreseen in the preceding Section shall be imposed in the upper half if the organisation:

a) is formed by a large number of persons;

b) possesses weapons or dangerous instruments;

c) has advanced technological resources for communication or transport that, due to the characteristics thereof, are especially fit to facilitate commission of the criminal offences or the impunity of the offenders.

Should two or more of those circumstances concur, the higher degree penalties shall be imposed.

3. The upper half of the penalties respectively foreseen in this Article shall be imposed if the criminal offences are against the life or integrity of persons, liberty, sexual freedom and indemnity, or involve trafficking in human beings.

Spanish criminal law on organized crime | Organized Crime Lawyers in Spain

Article 570 ter

1. Whoever constitutes, finances or forms a criminal group shall be punished:

a) If the purpose of the group is to commit the criminal offences mentioned in Section 3 of the preceding Article, with a prison sentence of two to four years for one or more serious criminal offences and with a prison sentence of one to three years for less serious criminal offences;

b) With a prison sentence of six months to two years if the purpose of the group is to commit any other serious criminal offence;

c) With a prison sentence of three months to one year when the aim is to commit one or several less serious criminal offences not included in Section a) or reiterated commission of petty criminal offences.

For the purposes of this Code, a criminal group shall be construed as the collusion of more than two persons who, without fulfilling any or a number of the characteristics of a criminal organisation defined in the preceding Section, has the purpose or object of perpetrating criminal offences in collusion.

2. The penalties foreseen in the preceding Section shall be imposed in the upper half if the group:

a) is formed by a large number of persons;

b) has weapons or dangerous instruments;

c) has advanced technological resources for communication or transport that, due to the characteristics thereof, are especially fit to facilitate commission of the criminal offences or the impunity of the offenders.

If two or more of those circumstances concur, the higher degree penalties shall be imposed.

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Article 570 quarter

1. In the cases foreseen in this Chapter and the following one, the Judges and Courts of Law shall order dissolution of the organisation or group and, if appropriate, any other of the consequences of Articles 33.7 and 129 of this Code.

2. Those responsible for the conduct described in the preceding two Articles, in addition to the penalties foreseen therein, shall be subject to that of special barring from all economic activities or legal transactions related to the activity of the criminal organisation or group, or to their deed within these, for a time exceeding that of the term of the custodial sentence imposed by six to twenty years, as appropriate, proportionally to the seriousness of the criminal offence, the number of those committed and the circumstances of the offender.

In all cases, when the conduct foreseen in those Articles is included under another provision of this Code, the terms set forth in rule 4 of Article 8 shall apply.

3. The provisions of this Chapter shall be applicable to all criminal organisations or groups that perpetrate any criminally relevant deed in Spain, even if they have been formed, are based or perpetrate the activity thereof abroad.

4. The Judges or Courts of Law, giving the reasons in their judgement, may impose a lower punishment by one or two degrees on the person responsible for any of the criminal offences foreseen in this Chapter, as long as the subject has voluntarily quit his criminal activities and has actively collaborated with the authorities or the agents thereof either to obtain decisive evidence for the identification or capture of others who are responsible or to prevent the activities or furtherance of the organisations or groups to which they have belonged or to prevent a criminal offence being committed within or through those organisations or groups.
 

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