Concept and Definition of Organized Crime
Organized crime is a term used in criminal law and criminology as an overarching concept for complex, structured, and covertly operating groups that plan, execute, and economically benefit from significant criminal activities over extended periods. The legal definition of organized crime in Germany can be found, among others, in the 1st Periodic Security Report of the Federal Government from 2001 as well as in joint situation reports by police and law enforcement authorities. Internationally, the UN Convention against Transnational Organized Crime (UNTOC, also known as the Palermo Convention) is authoritative.
Organized crime does not encompass isolated offenses or crimes of opportunity, but rather structurally and collaboratively organized crimes aimed at obtaining material advantage. Key characteristics include centralized control, conspiratorial methods, and the systematic commission of especially serious offenses.
Key Characteristics
The criteria established in police practice are:
- Association of several persons for an extended period
- Division of labor in organizing and planning the offenses
- Pursuit of profit or power interests
- Shielding from the outside (e.g., through corruption, violence, threats)
- Influence on the economy, politics, administration, or the judiciary
Legal Basis and Regulatory Framework
National Regulations
In Germany, there is no separate criminal offense of “organized crime.” Combating it is instead accomplished through an interplay of various provisions of the Criminal Code (StGB), special laws, and procedural powers.
The following regulations are particularly significant:
- Section 129 StGB: Formation of criminal organizations
Establishes the principle that the mere creation, membership in, or support for a criminal organization already constitutes a criminal offense, provided its purpose is to commit significant crimes.
- Section 129a StGB: Formation of terrorist organizations
Expands Section 129 StGB to specifically include terrorist-motivated groups, for example in connection with attacks.
- Section 129b StGB: Criminal and terrorist organizations abroad
Extension of criminal liability to groups operating abroad with connections to Germany.
- Section 261 StGB: Money laundering
Criminalizes the introduction of illegally obtained assets into the legal economic cycle—a central element of organized crime.
- Specific criminal offenses such as drug trafficking (Section 29 BtMG), human trafficking (Section 232 StGB), extortion, corruption, forgery, or arms trafficking.
International Regulations
Organized crime is addressed in numerous international treaties, including:
- United Nations Convention against Transnational Organized Crime (UNTOC, 2000)
Defines an “organized criminal group” as a structured association of three or more persons acting in concert over a period of time with the intent to commit criminal acts. The focus is particularly on cross-border offenses and money laundering.
- European Framework Decision on Combating Organized Crime
Sets minimum requirements for mutual legal cooperation and for harmonizing criminal law provisions within the EU.
Forms and Areas of Offense
Organized crime is not a homogeneous phenomenon but includes a variety of criminal domains, often with profound impacts on society, the economy, and the state:
- Drug trafficking: Production, smuggling, and distribution of illegal narcotics
- Human trafficking and smuggling: Exploitation of persons (sexual exploitation, forced labor)
- Arms trafficking: Illegal possession, transfer, and international movement of weapons
- White-collar crime: Fraud (e.g., VAT carousel fraud), product piracy, trademark counterfeiting
- Environmental crime: Illegal waste disposal, toxic waste
- Cybercrime: Attacks on IT infrastructures, ransomware, internet fraud
Often interconnected with traditional organized crime.
Combating and Prosecuting
Investigative Powers and Criminal Proceedings
In the fight against organized crime, law enforcement agencies frequently make use of enhanced investigative techniques that may infringe on fundamental rights, including:
- Telephone surveillance (§ 100a StPO)
- Deployment of undercover investigators (§ 110a StPO)
- Surveillance and residential monitoring (§§ 100c, 100f StPO)
- Asset recovery and confiscation (§§ 73 ff. StGB, § 111b StPO)
- International legal assistance (e.g., Europol, Interpol)
- Cooperation through European Investigation Orders and joint investigation teams (Joint Investigation Teams)
Protective Measures
Witness protection plays an outstanding role, as testimony against organized groups can pose significant dangers to the witnesses’ safety and life. Special witness protection programs exist at both national and international levels.
Criminological Classification and Societal Impact
Structure and Organization
Organized crime typically has either a hierarchical or network-based structure, ensuring anonymity and operational efficiency. Decisions are either made centrally by leadership circles (e.g., Mafia, ‘Ndrangheta) or coordinated decentrally through horizontal networks (e.g., transnational gangs, cartels).
Societal and Economic Consequences
- Infiltration of the economy and politics: Systematic corruption is used to influence legal markets and public administration.
- Harm to economic competitiveness: Undeclared work, tax evasion, and product piracy cause distortions of competition.
- Rising violent crime: Power struggles and threats within and between groups increase levels of violence.
Prevention and International Cooperation
Combating organized crime requires coordinated prevention and cooperation between states, authorities, and affected sectors. In addition to repressive measures such as prosecution and asset recovery, prevention, raising public awareness, and combating corruption play a crucial role. Information exchange networks and joint task forces are essential for effectively countering cross-border crime.
References and Legal Foundations
Further information and detailed regulations can be found especially in:
- Criminal Code (StGB), especially §§ 129, 129a, 129b StGB
- Narcotics Act (BtMG)
- Law on International Mutual Assistance in Criminal Matters (IRG)
- UN Convention against Transnational Organized Crime (UNTOC, Palermo Convention)
Further reading:
Bundeskriminalamt (BKA): Situation Reports on Organized Crime
Commentary on the Criminal Code
Monographs and academic literature on the phenomenon of organized crime
Keywords: Organized crime, criminal law, § 129 StGB, UNTOC, structure, areas of offense, investigative measures, prevention, international cooperation
Frequently Asked Questions
What criminal law measures are provided against organized criminal groups in Germany?
German criminal law provides a range of specific measures and criminal offenses to combat organized crime. Central are § 129 StGB (“Formation of criminal organizations”) and § 129a StGB (“Formation of terrorist organizations”), which criminalize membership, support, or promotion of a criminal organization, regardless of whether individual offenses have already been committed. Additionally, offenses such as money laundering (§ 261 StGB), organized fraud, drug trafficking, or human trafficking receive aggravated attention if committed within the context of organized structures. The Code of Criminal Procedure (StPO) also allows particular investigative measures, such as telecommunications surveillance, use of undercover investigators (§§ 100a ff. StPO) and confiscation of assets under §§ 73 ff. StGB to hinder the economic foundations of such groups. The 2017 law reforming criminal asset recovery also aims to consistently seize profits derived from criminal activities.
How do investigative proceedings against organized crime work and what special features apply?
Investigative proceedings against organized crime are characterized by particularly complex and lengthy processes. Public prosecutors, often in specialized departments, typically coordinate their investigations with specialized police units (such as state criminal police offices or the Federal Criminal Police Office). A key feature is the increased use of special investigative tools such as major and minor surveillance operations (§§ 100c, 100f StPO), undercover investigators, crown witness regulations (§ 46b StGB), as well as long-term surveillance. Due to the structure and insulation of criminal organizations, there are particular challenges in gathering evidence. Cooperation with foreign security authorities also plays a crucial role as organized crime often operates across borders. Additionally, regular securing and analysis of extensive financial data is required to uncover structures and money flows.
What role does asset recovery play in the fight against organized crime?
Criminal asset recovery plays a paramount role in the fight against organized crime. Its purpose is to remove the financial incentive for criminal behavior by confiscating unlawfully acquired assets. Since the 2017 reform, German law allows for independent confiscation even without a conviction, provided it can be proven that the asset resulted from criminal activities (§§ 76a ff. StGB). This facilitates law enforcement in recovering assets, which in the case of highly organized groups are often concealed. The measure includes, for example, bank accounts, real estate, vehicles, or cash, and makes a significant contribution to weakening the economic base of these groups.
What special criminal procedural provisions apply to witness protection in cases of organized crime?
Witness protection is especially important in the context of organized crime since threats and intimidation against witnesses are common. In Germany, the Witness Protection Act (ZSchG) provides a range of measures to protect witness testimony and the person themselves. Apart from anonymous testimony and the exclusion of the public, protection can extend to new identities and places of residence. Police personal protection, the alteration of biographical data, as well as protection through special accommodation, are also provided for. The Code of Criminal Procedure contains numerous regulatory provisions, such as exclusion of the public (§ 171b GVG), testimony by means of video technology (§ 247a StPO), or waiving information about the person’s identity (§ 68(2) StPO). Comprehensive witness protection is necessary to enable effective prosecution despite significant threat situations.
How is the cooperation between German and international investigative authorities regulated in combating organized crime?
The transnational nature of organized crime requires intensive international cooperation. This occurs on various legal and organizational levels: Within the EU, mechanisms such as Europol and Eurojust enable joint investigative teams and the exchange of sensitive information. Germany also uses international mutual legal assistance treaties (e.g., the Palermo Convention) and cooperates bilaterally and multilaterally with police and judicial authorities worldwide. Legally, this is governed by the Law on International Mutual Assistance in Criminal Matters (IRG) and numerous international treaties that make the exchange of information and evidence possible. International cooperation also includes extradition and joint investigation teams, which are particularly important for securing evidence and for the apprehension of suspects.
What rights and obligations do defendants have in the context of criminal proceedings for organized crime?
Even in the context of organized crime, defendants are entitled to constitutionally guaranteed rights such as the right to a fair trial, defense, right to remain silent, and access to files (under § 147 StPO). They have the right to counsel, especially in cases of mandatory defense (§ 140 StPO), and must be informed of the investigations and the charges against them (§ 136 StPO). Given the often considerable pressure from public and media coverage, personal rights are of increased importance. At the same time, they are required to comply with investigative measures such as identification procedures, searches, or taking DNA samples, provided judicial or prosecutorial orders exist and no special protective rights apply.
What sanctions can be imposed for a conviction involving participation in organized crime?
Statutory penalties depend on the specific offense. Membership in a criminal organization (§ 129 StGB) is punishable by imprisonment of up to five years, and in the case of particularly serious crimes (e.g., drug trafficking committed as part of a gang) by imprisonment of up to fifteen years. Confiscation of assets is often mandatory. Where offenses carry the aggravating element of gang involvement, sentences are usually significantly higher since the legislature—such as for robbery, fraud, or drug trafficking—deems gang organization particularly dangerous and has provided for specific examples of especially severe cases. Sanctions can also include professional and immigration consequences, supervision orders, or deportation in the case of foreign nationals. In particularly serious cases, preventive detention or professional bans can also be ordered.
