Article 570 ter Spanish Criminal Code: Criminal groups

Article 570 ter punishes the constitution, financing or membership of a criminal group, defined as the union of more than two persons which, without meeting the characteristics of a criminal organisation, has as its purpose the concerted commission of offences.

Wording of Article 570 ter of the Spanish Criminal Code

1. Those who constitute, finance or are members of a criminal group shall be punished:

a) If the purpose of the group is to commit the offences mentioned in paragraph 3 of the preceding article, with a penalty of two to four years of imprisonment if the matter concerns one or more serious offences and of one to three years of imprisonment if it concerns less serious offences.

b) With a penalty of six months to two years of imprisonment if the purpose of the group is to commit any other serious offence.

c) With a penalty of three months to one year of imprisonment where the purpose is to commit one or more less serious offences not covered by subparagraph (a) or the repeated perpetration of minor offences.

For the purposes of this Code, a criminal group means the union of more than two persons which, without meeting one or more of the characteristics of the criminal organisation defined in the preceding article, has as its purpose or object the concerted perpetration of offences.

2. The penalties provided for in the preceding number shall be imposed in their upper half where the group:

a) is formed by a large number of persons.

b) has weapons or dangerous instruments at its disposal.

c) has at its disposal advanced technological means of communication or transport which, by their characteristics, are particularly apt to facilitate the execution of the offences or the impunity of the offenders.

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

Working translation prepared by Société Juridique from the consolidated Spanish text published by the Official State Gazette. It has no official status: the only authoritative version is the Spanish original, available at the Official State Gazette and reproduced verbatim in our Spanish-language entry for this provision. Source: Organic Law 10/1995 of 23 November, the Spanish Criminal Code.

Sentencing range. Imprisonment of two to four years, one to three years, six months to two years or three months to one year according to the offences pursued, imposed in the upper half where a circumstance of paragraph 2 is present and in the next higher degree where two or more are present.

Elements of the offence

The union of more than two persons, which is the numerical threshold of the group.
The purpose or object of the concerted perpetration of offences, which requires a plan going beyond a single act.
The absence of one or more of the characteristics of the criminal organisation of Article 570 bis, namely stability and the distribution of tasks.
An act of constitution, of financing or of membership, membership being the modality most frequently charged.

Defence strategy

Group as distinct from co perpetration. The provision requires a structure which pre exists and survives the specific offence. A group of persons who agree to commit a single act, however coordinated, is a case of co perpetration and not of a criminal group, which is the principal line of defence.

Delimitation from Article 570 bis. Where stability and a distribution of tasks are established, the case belongs to Article 570 bis, with a higher frame. Conversely, arguing the absence of a genuine group avoids the accumulation of this offence with the underlying offences.

Weapons at the disposal of the group. Subparagraph (b) of paragraph 2 requires the weapons to be at the disposal of the group and not of one of its members for an unrelated purpose. Establishing that connection is the burden of the prosecution.

Prohibition of double assessment. The membership of the group is punished separately from the offences committed. Where the only evidence of the group is the commission of those offences, the charge duplicates the same conduct and must be challenged on that basis.

Are you under investigation or facing charges in Spain? Société Juridique acts for foreign nationals throughout Spain, with offices in Alicante and Madrid and a 24-hour custody line. +34 669 30 21 13 or enquire online.

This entry is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the individual case and requires examination of the case file by a qualified lawyer.

Paseo De La Castellana 216 8º 28046 Madrid

Alicante – Playa de San Juan Av. Ansaldo 31, local 16, 03540 Alicante

Londres: 20 Wenlock Road, N1 7GU, Reino Unido

París: 72 Faubourg St Honoré, 75008, Francia

info@societejuridique.com

Agenda una Consulta por Videollamada

SERVICIOS

ENLACES

865776086

669302113

Société de Conseil Juridique et Expert es un despacho de abogados con sedes en Madrid, Alicante, Londres y París, especializado en defensa y acusación penal, delitos económicos y corporativos y derecho tecnológico. Trabajamos con orientación estratégica en procedimientos penales complejos, propiedad intelectual y análisis forense avanzado, y prestamos consultoría jurídica, compliance y escudos de protección a particulares y empresas. Atendemos desde Alicante y Madrid, con consulta online en toda España y asistencia al detenido 24 horas. Resuelva sus dudas en las preguntas frecuentes o solicite una primera consulta.

Sedes y delegaciones: Alicante·El Campello·Madrid
Tambien actuamos en: San Juan de Alicante·Benidorm·Elche·Torrevieja·Orihuela·Alcoy·San Vicente·Elda·Denia·Villajoyosa·Villena·Novelda·Ibi·Murcia

Defensa por delitos: Alcoholemias·Robos y hurtos·Lesiones·Agresión sexual·Amenazas·Okupas·Homicidios·Antecedentes penales

International: English-speaking criminal lawyer in Alicante · Avocat pénaliste francophone à Alicante