Abstract

DE LA CUESTA-ARZAMENDI, José Luis. Treatment of organized crime in Spain: particularly, after the 2010 criminal reform. Rev. Crim. [online]. 2013, vol.55, n.1, pp.81-98. ISSN 1794-3108.

The reform operated in the Spanish Criminal Code by Organic Act ("Ley Orgánica") 5/2010 has meant full restructuring of the criminal types relating to delinquent organizations and groups. This has put an end to the previous unsatisfactory situation lacking a serious concept of criminal organization now appearing to be legally established. But many are the technical problems arising from the new regulation in both extension and overlapping of the criminal types with other delinquent modalities and punitive actions (i. e., criminal association or conspiracy). Likewise, the legislative technique flaws spill over to the sanction field and other juridical consequences of crime with respect to which the hardening trend of the Spanish legal system is confirmed, as characterizedin addition by the gradual introduction of specific procedural regulations aiming at favoring criminal persecution.The current contribution reviews this new normative situation which is being analyzed following the same line of the legal-criminal dogma by highlighting its contradictions and insufficiencies from the politicalcriminal prism in an area of paramount importance to criminology and citizen security.

Keywords : Organized crime; criminal reform; offense; Criminal Code; legal system.

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