Criminal Organisation in Germany – Definition, Structure and Defence under § 129 StGB

Section 129 of the German Criminal Code (StGB) criminalises membership in, or support of, a criminal organisation. Since the 54th Amendment Act (2017), § 129 (2) StGB provides a legal definition: a criminal organisation is a long-term, structured association of more than two persons pursuing a common overarching purpose. It becomes “criminal” when its purpose or activities are directed towards committing offences carrying at least two years of imprisonment.

The Federal Court of Justice (BGH) emphasises that the shared interest must go beyond mere individual profit motives. Indicators include internal structure, rules, disciplinary systems, or collective funds. Depending on context, even quasi-corporate models such as “bulletproof hosting” or Hawala networks may be covered.

International Relevance – § 129b StGB

Where foreign elements are involved, prosecution requires authorisation by the Federal Ministry of Justice. Jurisdiction depends on where the organisation’s existence, structure and objectives are primarily shaped.

Concurring Offences (BGH, November 2024)

Membership participation (§ 129 (1) Sentence 1 Var. 2) often links (“consolidates”) offences committed in the organisation’s interest into a single act (Tateinheit). In such cases, only one overall sentence is imposed.

Distinctions

• • Criminal Organisation (§ 129 StGB): Structured, lasting association pursuing an overarching goal involving crimes punishable by ≥ 2 years.
• • Gang (Bande): At least three people agreeing to commit offences of a specific type repeatedly, but without formal organisation or shared higher purpose.
• • Armed Group (§ 128 StGB): No organisational requirement; even spontaneous groups qualify if armed.
• • Joint Perpetration / Aiding (§§ 25 ff. StGB): No permanence or organisation required; two participants suffice.

Support (§ 129 (1) Sentence 2 StGB)

“Support” covers any act that concretely furthers the organisation’s structure or aims. It represents an independent form of assistance distinct from aiding and abetting. The BGH (October 2024) recognised a narrow humanitarian exception: providing basic family support without organisational link or encouragement does not constitute “support”.

Defence Strategy under § 129 StGB

Proceedings under § 129 StGB are complex and often intersect with white-collar, tax, corporate and labour criminal law. Our defence focuses on:

• • Analysing structure, duration, organisation and the “common overarching interest”
• • Differentiating from gangs, armed groups and joint participation
• • Contesting overbroad interpretations and “group” attributions in corporate settings
• • Managing overlap with economic, tax and employment offences
• • Advising in cross-border investigations, internal compliance reviews and cooperative resolutions

Why Choose Buchert Jacob Peter?

Our lawyers combine decades of experience in economic and corporate criminal law with strategic precision and proven forensic expertise. We assess whether a lasting association truly exists and challenge generalised allegations of collective responsibility. Learn more about our criminal defence practice and our work in complex white-collar trials.

FAQ: Criminal Organisation (§ 129 StGB)

1) What is a “criminal organisation” under § 129 StGB?
A structured and lasting association of more than two persons pursuing a common overarching purpose; “criminal” when directed at committing certain serious offences.

2) How does it differ from a “gang”?
A gang has no formal structure or shared overarching purpose; it is merely an agreement between at least three persons to commit multiple crimes. A criminal organisation requires structure, duration and a joint higher goal.

3) What is the new BGH jurisprudence on concurrence (2024)?
Membership may link associated offences into one act (“Tateinheit”) if they serve the organisation’s interests; one joint penalty is then imposed.

4) Can corporate structures qualify as “organisations”?
Yes, depending on their structure, rules and objectives. In corporate and white-collar contexts, careful analysis prevents unjustified “organisation” assumptions.

Contact Our Criminal Defence Lawyers in Frankfurt and Nationwide

Buchert Jacob Peter represents individuals and companies in proceedings under §§ 129 and 129b StGB, as well as related white-collar and compliance cases.

• • Dr Caroline Jacob – Specialist Lawyer for Criminal Law
• • Frank M. Peter – Specialist Lawyer for Criminal Law
• • Of Counsel: Prof. Dr Frank Peter Schuster
• • Cooperation Partner: Frank Wehrheim – Tax Advisor and former Tax Investigator

📞 Telephone: +49 69 710 33 330
✉️ Email: kanzlei@dr-buchert.de

Further reading: White Collar Crime Defence | Criminal Defence | Criminal Defence in Germany | Our Attorneys | Contact

• Teilen