Arts. 570 bis to 570 quater of the Penal Code regulate offenses related to criminal organizations and groups, understood as groups of a criminal origin and nature, most of which lack any legal form.

Criminal organizations

On the one hand, Article 570 bis of the Penal Code punishes the promotion, constitution, organization, coordination or direction of a criminal organization, with a prison sentence of 4 to 8 years, if the purpose of such organization is the commission of serious crimes, and with a prison sentence of 3 to 6 years in other cases. Likewise, subjects who actively participate in the organization, form part of it or cooperate economically or in any other way with it are punished with a lesser penalty.

What is a criminal organization? It is a stable group created for an indefinite period of time formed by more than two persons who, in a concerted and coordinated manner, share a series of functions for the purpose of committing crimes.

Criminal groups

On the other hand, Art. 570 ter of the Penal Code punishes individuals who constitute, finance or integrate a criminal group. The penalty assigned to this conduct varies depending on the type of crime committed within this group.

What is a criminal group? It consists of the union of more than two persons who, without constituting a criminal organization, have as their object the concerted commission of crimes.