Case Law Database

Participation in an organized criminal group

Offences

• Participation in criminal activities of organized criminal group

Degree of Involvement

• Knowledge of aim or activities of the organized criminal group or its intention to commit the crimes in question

Causa TC-037-4/11

Andorra

Fact Summary

The defendant, a Romanian citizen, was accused of belonging to an organized criminal group, consisting between 14 and 36 members, with the purpose of committing theft by force and of  possession of incendiary substances.

The tribunal considered that the defendant had an essential role in the crime committed, and was sentenced to five years of imprisonment, to respond for civil liability and as an accessory penalty , he was condemned to a 20 years of expulsion from the country

Sentence Date:
2012-03-21

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• participant, facilitator, accessory

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)

Involved Countries

Andorra

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal
 

Defendants / Respondents in the first instance

Defendant:
Nationality:
Romanian

Charges / Claims / Decisions

Defendant:
Charge details:

Accused of belonging to an organized criminal group with the purpose of committing theft by force and of  possession of incendiary substances.

Term of Imprisonment:
5 years
Appellate Decision:
In Part

 The court of appeal reversed partially the sentence in which the court of appeal upheld the term of imprisonment, but ordered a definitive expulsion from the country.

Other sanctions:

20 years of expulsion from the country       

Court

Tribunal de Corts

Attachments