Attorney Remigiusz Gołębiowski and his law firm LAW OFFICES have been providing professional legal assistance and defence for years, representing clients accused of involvement in organised criminal groups – both in Poland and the Netherlands.
The term "organised criminal group" is not explicitly defined by the legislator, but has been clarified through numerous court rulings.
In general, an organised criminal group should consist of at least three individuals and be characterised by a structured organisation, where members share the common objective of committing crimes.
From a legal standpoint, the prevailing view is that an organised criminal group must display at least a minimal, yet discernible, level of organisation and hierarchy among its members. This view is well-rooted in the jurisprudence of the Supreme Court and appellate courts.
Such a structure is typically characterised by:
a distinct decision-making centre (leadership),
a coordinated modus operandi,
a stable and defined division of tasks and functions,
a degree of permanence in cooperation,
premeditation in committing crimes,
provision of resources to support the group’s activities
(Judgment of the Court of Appeal in Katowice of 16 July 2009, II AKa 150/09, KZS 2009/9/67).
Some courts, however, accept that an organised group does not require a fixed composition or complex internal structure. The essential element is the shared intent to commit crimes and willingness to act in furtherance of the group’s goals – even if the way of operating is more straightforward.
(Judgment of the Court of Appeal in Łódź of 19 April 2018, II AKa 47/18, LEX no. 2678057).
Participation in a criminal group involves carrying out certain activities – without necessarily committing additional crimes.
According to Article 258 of the Polish Penal Code, it is enough to actively demonstrate membership in the group – even just by showing willingness to act on its behalf – to be held criminally liable.
An offence under Article 258 §§ 1–3 of the Polish Penal Code is classified as a misdemeanour, punishable by imprisonment.
Due to Article 37a § 2, Article 37a § 1 (which allows replacing imprisonment with a fine) does not apply to Article 258 § 1, meaning a fine cannot be imposed as an alternative.
However, according to Article 37b, a mixed sentence combining imprisonment and restriction of liberty may be imposed.
An offence under Article 258 § 4 is classified as a crime.
It is important to know that charges of participation in an organised crime group are sometimes misused by the prosecution. People are often accused simply due to contact with a group member, even if they were not involved in any criminal activity.
In order to be held liable, there must be evidence of intent to participate. A person who was unaware of the group’s existence cannot be held responsible.
Having a defence lawyer is essential to protect yourself from false accusations of involvement in an organised criminal group. This is especially crucial as such accusations often rely heavily on the testimony of a “crown witness”, who – in exchange for leniency – provides law enforcement with information about the group's operations.
In the Netherlands, multiple government agencies are involved in combating organised crime. Organised criminal groups are specifically criminalised under Article 140 of the Dutch Penal Code.
We invite you to contact our law firm to discuss your specific situation and receive expert legal counsel. During challenging times, we are dedicated to supporting our clients and helping them find a way forward.
