The aggravating circumstance of organized gang
An organized gang is defined by article 132-71 of the Penal Code as " any group formed or any agreement established for the preparation, characterized by one or more material facts, of one or more offenses ».
It is therefore necessary to demonstrate the existence of a network, An structured organization, hierarchical among its members, and the premeditation of offenses.
It concerns the offenses listed in article 706-73 of the Code of Criminal Procedure, which includes, for example, drug trafficking.
The aggravating circumstance of an organized gang must be distinguished from that of a meeting where the co-perpetrators did not premeditate and/or prepare the offence.
When retained, this circumstance aggravates the repression incurred.
