Article 570 bis of the Criminal Code
TÍTULO XXII — Delitos contra el orden público
Previous versions
History of reforms to this article, from oldest to most recent, as recorded in the BOE’s consolidated legislation.
In force from 23/12/2010 to 30/06/2015
Explanation and defense
What Article 570 bis of the Criminal Code punishes
Article 570 bis punishes criminal organisation, among the offences against public order. The provision itself defines it as a group of more than two people, of a stable nature or for an indefinite period, who, in a concerted and coordinated way, share out various tasks or functions in order to commit offences. It distinguishes two roles: those who promote, set up, organise, coordinate or direct the organisation, and those who actively participate, belong to it, or cooperate financially or in any other way.
Penalty
For promoters and leaders, the penalty is four to eight years in prison where the aim is to commit serious offences, and three to six years in other cases. For mere members or cooperators, it is two to five years where the aim is to commit serious offences, and one to three years in other cases. The penalties are imposed in their upper half where the organisation has a large number of members, holds weapons or dangerous instruments, or advanced technological means; where two or more of those circumstances concur, the penalties one degree higher are imposed. They also apply in their upper half where the offences are against life, physical integrity, freedom, sexual freedom and indemnity, or human trafficking.
Defense strategy
The defense usually focuses on disputing whether the defining elements of the offence are present —more than two people, stability, and a coordinated sharing of functions—, since mere joint offending or a one-off agreement to commit a crime does not amount to a criminal organisation. Distinguishing the organisation from the more loosely defined criminal group of Article 570 ter is also decisive, since the classification results in a markedly different penalty framework.
Quick reference
Orientative data computed from the highest prison term mentioned in this article. Aggravated or mitigated subtypes, non-custodial penalties and concurrence rules may alter the outcome in each specific case.
Highest prison term mentioned
8 years
Classification (arts. 13 & 33 CP)
Serious offense
Limitation period (art. 131 CP)
10 years
Accused of an offense under article 570 bis?
Our team regularly defends those accused under weapons stockpiling. Technical strategy aimed at dismissal or acquittal when legally viable.