The Application of Criminal Law in Cases of Organized Crime in Germany: Empirical Findings

• In Event: International Courts and Sentencing Processes

Abstract

While “Organized crime” is a term which is frequently used by German law enforcement agencies as well as in political discussions, no legal definition of organized crime exists in German criminal law. By analyzing both judgement databases and criminal case files, the research alliance “Organized Crime 3.0” addresses questions such as what do German organs of criminal justice understand or classify as organized crime and in what way are certain legal norms applied to those cases. One of the focal points of the study is to examine how section 129 of the German Penal Code – a norm that penalizes being a member in a “criminal organization” – has been applied in recent years. Cases in which judges decided to convict the defendants in accordance with section 129 seem to be selected arbitrarily as the legal requirements are defined quite vaguely. However, membership in a gang as an aggravating element of other criminal offenses tends to have an important practical relevance. Nevertheless, the legal terms “criminal organization” and “gang” are not completely congruent with the phenomenon of organized crime. Therefore, German criminal justice has not been able to develop a coherent coping strategy for organized crime cases.

Author

• Jonas Römer, Eberhard Karls Universität Tübingen