What is a criminal organization?
A criminal organization is a group of people who collaborate in a structured way with the aim of committing criminal offenses. It involves a partnership between two or more persons that is durable and organized, rather than a one-off action. Not everyone in the criminal organization needs to know each other to be part of it. However, you must make an active contribution to the goals of the criminal organization or support those goals. You do not have to have committed a crime yourself, but you must know that the criminal organization intends to or does commit criminal offenses.
A criminal organization can also consist of people who have a legal bond alongside their criminal collaboration, such as family members, a group of friends, or a sports team. It is therefore not necessary for the commission of crimes to be the sole or primary purpose of the group.
When is a group of suspects considered a criminal organization?
A group of suspects can be seen as a criminal organization if there is sufficient cohesion in the actions of the participants and the participants are aware of their collaboration. In this regard, the court may look at the following indications:
- Whether there are regular agreements and contacts between the participants.
- The fact that the participants know what their role is within the group.
- Whether they consciously contribute to the common goal of the organization.
Must a crime actually have been committed?
No. Participation in a criminal organization is a criminal offense in itself. This means that someone can be punishable even if no crime has been committed yet, as long as that person participates in a group with the aim of committing crimes. The reverse also applies: if someone is involved in a criminal offense, it does not automatically mean that they are a member of a criminal organization. That must be proven separately.
Are there different types of criminal organizations?
Criminal organizations can engage in all kinds of organized crime, such as:
A single criminal organization can also engage in several of these criminal offenses. Some forms of criminal organizations are specifically criminalized. Think, for example, of a criminal organization with the aim of committing terrorist offenses or drug offenses.
What penalties are imposed for participation in a criminal organization?
- Standard criminal organization: up to 6 years imprisonment.
- Drug organization (drug offenses): up to 8 years.
- Criminal organization committing serious offenses: up to 10 years.
- Terrorist organization: up to 15 years.
The following maximum penalties apply to founders, leaders, and directors:
- Standard criminal organization: up to 9 years imprisonment.
- Drug organization (drug offenses): up to 10 years and 8 months.
- Criminal organization committing serious offenses: up to 13 years and 4 months.
- Terrorist organization: up to 30 years.
The actual sentence to be imposed depends on the severity of the crimes committed and the role of the suspect within the organization.
Why hire a lawyer if you are suspected of participating in a criminal organization?
Participation in a criminal organization is a serious criminal offense for which long prison sentences are often imposed. But beware: not every group of people working together is automatically a criminal organization. And even if there is a criminal organization, it does not mean that every suspect is automatically considered a participant. Therefore, it is of great importance to engage an experienced criminal lawyer. They can assess whether there is actually sufficient evidence against you and know which legal arguments can be raised to defend your interests.
