Organización criminal como tipo penal idóneo en la lucha contra la delincuencia organizada en España

Abstract

As a response to a new highly structured crime in Spain, the offense of criminal organization was drawn from international instruments as a suitable criminal category to curb the new and complex organized criminal forms. Through a normative, jurisprudential, and scientific doctrine analysis of Spanish legislation, this article shows that the new penal figure of criminal organization is the most suitable, rigorous, and severe penal category for counteracting organized crime. Similarly, it evidences shortfalls regarding the crime of criminal association, with which it has similarities and some overlapping. The study shows that maintaining both figures is unnecessary, and suppressing specific aggravating factors will be necessary after the independent regulation of the crime of criminal organization.