Organised criminal groups under Article 321 of the Criminal Code

What is an organised criminal group?

Article 93, point 20, of the Bulgarian Criminal Code defines the term. The first criterion is numerical: there must be an association of three or more people. Numbers alone are insufficient. It must also be established that the association is structured and lasting and aims to act in concert to commit offences in Bulgaria or abroad punishable by imprisonment for more than three years. Its criminal purpose must go beyond a single offence contemplated for a particular occasion. The participants must expressly agree to create the conditions for committing at least two offences of the statutory kind and understand that the association was formed to pursue that criminal purpose. The members need not know one another personally, but must be aware that their activities further common criminal objectives.

Forming, directing and participating in a group

The first form of conduct under Article 321(1) is forming an organised criminal group: the person brings the participants into agreement so that they enter lasting relationships within a criminal association. This requires active involvement in creating the group. The second form is directing it. A person directs the group by giving orders to one or more members, assigning them general or specific tasks or giving instructions to achieve its objectives. The third form of conduct is membership: the person enters into relationships with the other participants as a member of the group.

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