Organized Crime and Criminal Organization: Membership in a Criminal Organization under German Criminal Law

• In Event: Emerging Issues in Criminal Justice Policy: The International Perspective

Abstract

While organized crime has many different faces, grasping them all under the broad legal term of a “Criminal Organization” appears to be a simple yet effective approach at first glance. Since both the UNTOC and a European Union Framework Decision follow this idea, the German legislature reformed section 129 of the German Penal Code in 2017, inserting a very broad legal definition of a Criminal Organization into the pre-existing offense of “Membership in a Criminal Organization.” The primary goal of this reform was to increase the application of section 129 in contexts of criminal groups who pursue a financial benefit. In a quantitative and qualitative analysis of case files as well as interviews with prosecutors and police officers, it has been evaluated to what extent the legislative reform impacted the criminal justice process. Although the cases show that the minimum requirements for a Criminal Organization conviction have been significantly reduced, new problems have arisen, such as court jurisdiction issues as well as blurring lines between a Criminal Organization and other types of co-offending.

Author

• Jonas Römer, Eberhard Karls Universität Tübingen