Illicit association?

The new Law against Organized Crime and Terrorism Financing (the "Act"), an amendment to the Organic Law against Organized Crime of 2005 (Locdo), is the greatest threat on the human right of association that I have never seen. The worst is that it creates an environment that facilitates organized crime infiltrating the State and its companies.

I mean, Article 31 of the Act extends the exceptional and privileged regime of State and its companies with regard to the criminal responsibility of legal entities, to the administrative and civil immunity for any criminal act of which provides for the Act, the Criminal Code and other criminal laws (over 80!). Instead, any private legal entity has the most punishments.

So, surprisingly, a law against gangs and criminal groups, as its name suggests, lacks a criminal sanction, or an injunction for that matter, against illegal forms of association, except for bigamy and adultery, which do not meet the requirement of three or more people or one person to enter into an illicit association, as set forth in the Act. Who can understand it?

Thus, the matter can be very dangerous because the criminal, civil and administrative immunity of the State and its companies can be the breeding ground for some truly infiltrating mafia inside their structures. Additionally, it could spark plug for any public servant to be corrupted and a fertile ground for association to the mafia.

Further, the right of association that gives rise to legitimate NGOs, private companies, foundations, unions, political parties, cooperatives, etc., stands to lose against organized crime. Note that the Act puts the whole weight on private legal entities, but nothing against criminals. The world upside down!

fernando.fernandez@bakermckenzie.com