Structure and stability
The prosecution must describe the hierarchy, division of roles and permanence of the group. Lists of names with sporadic contacts do not characterize an organization.
Economic crime · Law 12,850/2013
Criminal organization: legal requirements, typical evidence and defense of the suspect
The criminal organization charge is often used to extend deadlines, justify detentions and legitimize special evidence methods. Checking whether the legal requirements are present is the first step of the defense.
Straight answer: what the law requires to characterize a criminal organization
Law 12,850/2013 requires the association of four or more persons, structurally ordered and with division of tasks, even if informal, aiming to obtain an advantage of any kind through offenses with a maximum sentence above four years or of a transnational nature. Without stability, structure or the minimum number of members, the case may be one of criminal association (article 288 of the Penal Code) or mere joint participation, with very different consequences.
This page is for individuals and companies affected by police operations, indictments or investigations mentioning criminal organization, including in business, public procurement and financial contexts. Practice throughout the State of São Paulo, Brazil, including inland and coastal districts, with in-person meetings in São Paulo (Paulista and Tatuapé offices) or by video call.
Critical points of the criminal organization charge
Individualized conduct
Each defendant must have their participation described. Generic indictments attributing everything to everyone are defective and may be rejected.
Plea bargains of third parties
Cooperating witnesses need corroboration by independent evidence. The defense checks the ratification, voluntariness and consistency of the account.
Wiretaps and infiltration
Special evidence methods require a reasoned judicial authorization, deadlines and reports. Formal defects taint derived evidence.
Detentions and precautionary measures
The seriousness of the charge does not authorize automatic detention. The defense shows the absence of concrete risk and proposes alternative measures.
Asset consequences
Freezing, seizure and extended forfeiture reach assets and companies. The separation between lawful assets and the alleged proceeds is worked through documents.
Decisions that must be taken early
Access to the case file
Confidential investigations limit access, but elements already documented must be made available to the defense. The request is filed immediately.
Internal communication in the company
In business cases, guiding directors and employees on preserving documents and on what not to do prevents new charges.
Position on agreements
Cooperation and agreements should only be considered with the body of evidence known. Hasty decisions are irreversible.
How the defense is conducted
1. Mapping the investigation
Reading decisions, warrants and reports to identify what exists against each person.
2. Control of evidence
Challenging evidence obtained without legal basis and requesting favorable expert examinations and measures.
3. Technical defense
Response to the charge, requests for release and asset release, hearings and appeals.
Do not delete messages or discard devices after an operation. Besides being read as obstruction, deleted content can be recovered and used without the context that would explain it.
Frequently asked questions about criminal organization
What is the sentence for the crime of criminal organization?
Three to eight years of imprisonment plus a fine, without prejudice to the sentences for the offenses committed by the group. Increases apply for use of weapons, participation of public officials and involvement of minors.
I was named by a cooperating witness. Is that enough for an indictment?
No. The law prohibits decisions based solely on the word of a cooperating witness. Independent corroborating evidence is required.
Can a company be considered a criminal organization?
A legal entity is not liable for this offense, but its officers may be, and the company may suffer freezes and administrative sanctions in parallel.
Official references and related pages
Reference legislation in Brazil. Characterization depends on the factual description in the indictment and the evidence produced.
Was there an operation or indictment mentioning criminal organization?
Describe what happened through the secure channel. The screening identifies the position of each person involved, the measures in force and the urgent steps.