Criminal organization

This type of crime is regulated in the Title XXII, Chapter VI “On Criminal organizations and groups”.

The offense of criminal organization is regulated concerning those who promote, establish, organize, coordinate or lead a criminal organization. They shall be punished with prison sentence of four to eight years if the organization aims at or is intended for the commission of serious crimes. In other cases, the penalty is a prison sentence of three to six years. Those who actively participate in the organization, are part of it, or cooperate financially or in any other way with it shall be punished with prison sentences of two to five years if the purpose is the commission of serious crimes, and with a prison sentence of one to three years in other cases.

According to the Criminal Spanish Code, a criminal organization is understood as a group formed by more than two individuals, with a stable or indefinite character, who, in a concerted and coordinated manner, distribute various tasks or functions with the purpose of committing crimes.

In the second section, it states that the penalties provided in the preceding paragraph will be imposed in their upper half when the organization: a) is formed by a large number of people; b) has weapons or dangerous instruments; c) has advanced technological means of communication or transportation that, due to their characteristics, are especially suitable for facilitating the commission of crimes or the impunity of the perpetrators. If two or more of these circumstances occur, the higher penalties will be imposed.

The penalties respectively provided in this article will be imposed in their upper half if the crimes are against life or the integrity of individuals, freedom, sexual freedom or indemnity or human trafficking.