NCJ Number
14516
Journal
Kriminalistik Volume: 28 Issue: 3 Dated: (MARCH 1974) Pages: 108-111
Date Published
1974
Length
4 pages
Annotation
A PROSECUTOR FROM COLOGNE DISCUSSES CRITERIA TO DETERMINE WHETHER A GROUP CAN BE DESIGNATED A CRIMINAL BAND OR ASSOCIATION AS DEFINED BY THE WEST GERMAN PENAL CODE.
Abstract
THE CRITERIA FOR A CRIMINAL BAND ARE THAT THE OFFENDERS HAVE TACITLY AGREED TO COMMIT NOT ONLY ONE BUT SEVERAL CRIMINAL ACTS, AND THAT AT LEAST TWO OF THEM HAVE BANDED TOGETHER AT THE SAME TIMES AND PLACES, AT EACH OF WHICH THE FUNCTIONS OF THE PERSONS MAY HAVE VARIED. THE ARTICLE CITES TWO CASES OF THEFT AND BURGLARY IN WHICH THE GROUPS INVOLVED MET THESE CRITERIA AND THEN DISCUSSES ONE CASE OF A GROUP OF JUVENILES WHO DID NOT. THE CRITERIA FOR A CRIMINAL ASSOCIATION (VEREINIGUNG) ARE THE SUBORDINATION OF THE INDIVIDUAL TO THE WILL OF THE GROUP, AN ORGANIZED GROUP STRUCTURE WHERE MEMBERS HAVE SPECIALIZED FUNCTIONS, AND THE INTENTION TO CONTINUE THE GROUP AS A LONG-TERM ACTIVITY. BOTH CRIMINAL BANDS AND CRIMINAL ASSOCIATIONS ARE LIABLE TO PROSECUTION UNDER THE SAME PROVISION OF THE PENAL CODE. IF THE PROSECUTOR CAN SHOW SUFFICIENT FACTUAL BASIS THAT ALLEGED OFFENDERS CONSTITUTE A CRIMINAL GROUP, THE POLICE ARE THEN ALLOWED A WIDER FIELD OF INVESTIGATIVE ACTIVITY. --IN GERMAN