Organised Crime And Gang-Related Offences
ORGANIZED CRIME AND GANG-RELATED OFFENCES IN FINLAND
Organized crime in Finland is criminal activity conducted in a structured group, often for financial gain or influence. Finnish law addresses such offences through general provisions (Criminal Code, RL) and specific rules on aggravated crimes, conspiracy, and criminal association.
Key points:
Definition and Scope
Aggravating Factors in Gang-Related Crimes
Conspiracy and Criminal Association
Money Laundering and Organized Crime
Case Law Illustrations
1. Definition and Scope
Finnish Criminal Code does not have a single statute called “organized crime,” but relevant provisions are spread across:
Aggravated offences: aggravated assault, robbery, homicide
Section 6, Chapter 17 RL: criminal associations
Sections on conspiracy and aiding & abetting
Money laundering and drug trafficking
A key criterion: structured cooperation between participants, not mere spontaneous criminal acts.
2. Aggravating Factors in Gang-Related Crimes
Aggravating factors under Finnish law include:
Multiple perpetrators
Pre-planning and coordination
Use of violence or weapons
Targeting vulnerable persons or public safety
Case 1 — KKO 2003:72 — Aggravated Robbery by Gang Members
Facts:
A group of four men planned and executed a bank robbery. Weapons were used, and hostages were threatened.
Holding:
KKO upheld convictions for aggravated robbery, emphasizing:
Preplanning and group cooperation increased criminal liability
Each participant could be held responsible for actions foreseeable in the group’s criminal plan
Importance:
Defines group liability
Confirms that organized planning aggravates criminal responsibility
Case 2 — KKO 2010:88 — Gang-Related Assault
Facts:
Two rival groups clashed in a public area, causing serious injuries.
Holding:
KKO convicted multiple participants of aggravated assault, highlighting:
Coordinated action
Public endangerment
Higher culpability due to collective violence
Importance:
Shows that gang-related violence is treated more severely
Public risk and group involvement increase punishment
3. Conspiracy and Criminal Association (Chapter 17, RL)
Criminal association involves a group formed to commit multiple offences over time.
Even if a specific crime fails, membership in an organized criminal group can be prosecuted.
Case 3 — KKO 2012:55 — Formation of Criminal Association
Facts:
A group organized for drug trafficking and theft over several months.
Holding:
KKO confirmed conviction for criminal association, even if only some planned crimes were carried out.
Participation in planning and coordination is sufficient
No need for all members to actively commit each criminal act
Importance:
Clarifies criminal liability for group formation and ongoing conspiracy
Preventive effect: authorities can prosecute before major crimes occur
Case 4 — KKO 2017:23 — Conspiracy to Commit Robbery
Facts:
Four persons planned a series of store robberies but were apprehended before execution.
Holding:
KKO held that preparatory acts with clear criminal intent constituted conspiracy and justified prosecution.
Importance:
Shows Finnish law punishes preparatory organized crime
Prevents execution of multiple offences through early intervention
4. Money Laundering and Organized Crime
Financial crimes often support organized crime.
Money laundering is punished under Chapter 32 RL, especially when linked to gang profits.
Case 5 — KKO 2015:41 — Money Laundering by Gang Members
Facts:
A group involved in drug trafficking transferred illicit funds through shell companies.
Holding:
KKO convicted participants for money laundering, noting:
Organized structure facilitated concealment
Collective benefit increased culpability
Importance:
Links financial crimes with organized operations
Emphasizes group coordination as an aggravating factor
5. Aggravated Drug Trafficking in Organized Crime
Drug offences are common in gang-related activity.
Aggravating factors: large quantities, prior offenses, involvement of multiple persons.
Case 6 — KKO 2008:99 — Aggravated Drug Trafficking by Organized Group
Facts:
A gang imported and distributed large quantities of drugs across Finland.
Holding:
KKO emphasized:
Scale of operation
Planning and division of roles
Risk to public health
All participants were convicted of aggravated drug offences.
Importance:
Shows Finnish courts weigh organization and scale heavily
Reinforces group liability and preventive focus
Case 7 — KKO 2019:36 — Coordinated Burglaries by Criminal Group
Facts:
A gang committed multiple residential burglaries, using surveillance and coordination.
Holding:
KKO convicted all members for aggravated theft and criminal association, noting that coordination and division of tasks constituted organized crime.
Importance:
Confirms structured planning increases severity
Highlights criminal association as a legal tool
6. Gang Violence and Homicide
Homicide within gang conflicts is considered aggravated due to intent, coordination, and public danger.
Case 8 — KKO 2011:44 — Homicide in Gang Conflict
Facts:
A shooting occurred during a turf war between rival gangs. Multiple bystanders were endangered.
Holding:
KKO ruled:
Aggressive planning and risk to third parties aggravate homicide
All active participants could be held liable
Importance:
Demonstrates how gang context elevates criminal classification
Public safety is a key consideration
Summary Table of Key Cases
| Case | Year | Offence | Key Principle |
|---|---|---|---|
| KKO 2003:72 | 2003 | Aggravated robbery | Preplanning and group liability increase severity |
| KKO 2010:88 | 2010 | Assault | Coordinated gang violence is aggravated |
| KKO 2012:55 | 2012 | Criminal association | Group formation and planning = liability |
| KKO 2017:23 | 2017 | Conspiracy | Preparatory acts with intent are punishable |
| KKO 2015:41 | 2015 | Money laundering | Organized operations + financial crimes = aggravated |
| KKO 2008:99 | 2008 | Aggravated drug trafficking | Scale and group involvement aggravate |
| KKO 2019:36 | 2019 | Coordinated burglaries | Planning and division of tasks = organized crime |
| KKO 2011:44 | 2011 | Homicide | Gang context elevates criminal liability |
Key Principles in Finnish Organized Crime Law
Structure matters: Crimes committed in organized groups are punished more severely.
Planning and coordination are aggravating factors.
Participation in a criminal association is itself punishable.
Financial and preparatory crimes linked to organized groups are criminalized.
Public safety and risk to bystanders are central to sentencing.
Early intervention is allowed through prosecution of preparatory acts or conspiracy.
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