Participation in a criminal organization is punishable under Dutch criminal law and involves participating in an organized association that engages in criminal activity. These types of cases are almost always subpoenaed before the plural chamber. The purpose of this offense is to punish those involved who participate in, and contribute to, the operation and activities of a criminal organization. A person may also participate in criminal organization with a terrorist intent, for which even higher penalties are imposed.
Participation in an organization whose purpose is to commit crimes is, in principle, punishable by imprisonment for up to six years or a fifth-category fine (€103,000). Participation includes providing monetary or other material support to, as well as raising funds or persons for, the described organization.
If it involves participation in a criminal organization that has been declared prohibited or prohibited by law, the continuation of this criminal organization shall be punishable by imprisonment for not more than two years or a fine of the fourth category (€25,750).
If it is an organization whose purpose is to commit crimes punishable by imprisonment of 12 years or more according to the legal definition, participation in this organization shall be punishable by imprisonment for a term not exceeding 10 years or a fine of the fifth category.
The above prison sentences may be increased by one-third if a founder, leader or director of the criminal organization is involved.
What does the law article say regarding qualified participation in a criminal organization?
The article of law criminalizing participation in a criminal organization, Article 140 of the Penal Code, reads as follows:
'1 Participation in an organization whose purpose is to commit crimes shall be punishable by imprisonment for a term not exceeding six years or a fine of the fifth category.
2. The continuation of the activity of an organization that has been declared prohibited by an irrevocable court decision or has been prohibited by operation of law or in respect of which an irrevocable declaration as referred to in Section 122(1) of Book 10 of the Civil Code has been issued shall be punishable by imprisonment for a term not exceeding two years or a fine of the fourth category.
3. If an organization aims at committing crimes punishable by imprisonment of 12 years or more according to the legal definition, the offense referred to in the first paragraph shall be punishable by imprisonment for a term not exceeding 10 years or a fifth category fine.
4. With respect to the founders, leaders or directors, prison sentences may be increased by one-third.
5. 'Participation as defined in the first paragraph also includes the provision of monetary or other material support to as well as the raising of funds or persons for the benefit of the organization described therein.'
When is participation in a criminal organization?
Participation in a criminal organization, as defined in Article 140 of the Penal Code, concerns a specific form of crime in which a person is involved in an organized group aimed at committing crimes. This article aims to tackle organized crime by taking criminal action against persons who are part of such a criminal network.
Some requirements must be met for a conviction under article 140 Sr. First, there must be participation in an organization. This organization must be a structured group operating jointly to achieve criminal goals. It is not necessary for the organization to have a formal structure; an informal network can also fall under this article. The participant does not have to have a leadership role; even a supporting or executive role within the organization can be punishable.
Another essential requirement is that the organization must pursue a criminal purpose. This means that the group is focused on committing crimes and that these crimes are a core aspect of the organization's activities. The organization need not be limited to one specific type of crime; it can include a wide range of criminal activities, such as drug trafficking, human trafficking, or money laundering. Crucially, the participant must be aware of the criminal nature of the organization. This means that the person must be aware of the criminal activities and purpose of the organization, and that he or she intentionally participates in these activities.
The participant's contribution to the criminal activity should also be an important aspect of the assessment. It does not matter whether the contribution is direct or indirect, as long as it is relevant to the operation and goals of the organization. This can range from direct involvement in committing crimes to providing resources or information that benefit the organization.
What penalties can be imposed for participation in a criminal organization?
It is up to the judge to judge whether a criminal offense has been committed. If this is found to be the case, the judge will consider all the circumstances of the case in determining what punishment is appropriate and necessary. A defendant's personal circumstances are also important. The attorneys at Kötter, L'Homme & Plasman Lawyers ensure that these circumstances are properly presented to the judge. The maximum prison sentence that can be imposed for participation in a criminal organization is six years. In special cases as mentioned in the article of law, the maximum prison sentence can reach up to ten years. When a founder, leader or director is involved, the maximum prison sentences can be increased by one-third. However, the maximum prison sentence is by no means always imposed.
An attorney at Kötter, L'Homme & Plasman Attorneys at Law can play an important role when there is a suspicion of participation in a criminal organization. For example, one of our lawyers can point out to the judge that there is too little evidence. In that case acquittal should follow. Sometimes it happens that a suspect has confessed to a criminal offense. In that case, a lawyer from Kötter, L'Homme & Plasman Advocaten can provide circumstances why a low(er) sentence should follow.
Is attempted participation in a criminal organization punishable?
Attempting this crime is not punishable.
Exoneration for participation in a criminal organization?
With regularity, suspects are acquitted of this crime. An example is shown below.
The judge acquitted the suspect because the record contained insufficient evidence of the suspect's involvement in the alleged criminal organization.
Need a lawyer because of suspected participation in a criminal organization?
The attorneys at Kötter, L'Homme & Plasman Advocaten are experienced criminal law specialists and can assist you the moment you are suspected of participating in a criminal organization. Our lawyers will discuss with you the criminal case file and together with you determine a strategy that can achieve the success you desire. It is good for you to know, however, that our lawyers do not bake sweet cakes; we give sound, honest and sincere advice. Should you have to appear in court, they will carefully prepare you for the hearing. The attorneys at Kötter, L'Homme & Plasman Advocaten will ensure that you are represented in the best possible way during the hearing.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
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