Clan Crime and Organized Crime: Extreme Zeal in Law Enforcement?

The series “4 Blocks,” “Dogs of Berlin,” or “Skylines” enjoy a wide audience. Almost everyone knows these series, which captivate their viewers with the “unvarnished” portrayal of the lives of clan members and their structural and familial relationships. But are these merely fictional series, or do they truly reflect reality in Germany?

So-called clan crime is garnering increasing attention in broader society. One reason for this is the strong media presence of this topic, as well as public interest, which in turn puts pressure on law enforcement agencies.

The term “clan crime” has increasingly entered everyday language in recent years, although it is often used sensationally as a hook for media reporting.

It is evident that in the past, an increasing number of crimes in the area of organized crime are said to have been committed by members of a clan. In North Rhine-Westphalia, for instance, about one in five cases in the realm of organized crime is reported to have a clan connection. As a result, standardized raids, as well as personal and business checks, are already being conducted in these areas.

Many suspects, who are alleged to be members of a clan, are confronted with investigative measures that raise questions about their legality.

Clan Crime – Does It Even Exist in Germany?

So-called “clan crime” refers to a form of organized crime.

The term “clan” describes a group of people who are connected by a common ethnic origin, usually through familial ties. A purely (blood) relation among the group’s members is not necessarily assumed; rather, other specific criteria for belonging are recognized, such as social obligations or economic benefits. According to law enforcement agencies, clan crime is characterized by a clan acting as a social unit, promoting crimes through familial relationships, preventing their clarification, and thus calling into question the legal order in Germany.

The groups referred to as clans in Germany are mostly large families from the Turkish-Arabic region. Their origin lies with the Mhallamiye Kurds, who come from parts of Turkey, Syria, and Lebanon, and migrated to Western Europe during the Lebanese Civil War (1975-1990). Other well-known clans include the Remmo clan, the Miri clan, the Al-Zein clan, the Abou-Chaker clan, as well as the “biker clans” Bandidos and Hells Angels. Their presence is primarily concentrated in the federal states of Berlin, North Rhine-Westphalia, Bremen, and Lower Saxony.

The legal sectors in which clan crime is represented include gastronomy—particularly (shisha) bars, gambling and betting offices, the automobile trade, martial arts clubs, security services, the prostitution industry, and the biker scene. Classically, offenses in the areas of drug trafficking and smuggling, bodily harm, property crimes (robbery, theft, money laundering, and fraud) are pursued. Alleged clan members are often also accused of offenses against personal freedom and sexual self-determination, as well as tax and customs offenses.

Threat to Internal Security or Populist Exaggeration?

According to law enforcement agencies, the behavior of clans is characterized by their refusal to recognize state structures, living in relative isolation (nearly in a parallel society), being hierarchically structured, having a particularly pronounced sense of honor, and being influenced by an increased desire for power and profit.

They are said to present themselves outwardly offensively, united, and aggressively, forcefully asserting their goals and plans. The strength of the clan is attributed to its internal cohesion and delineation from the outside. Clan members are expected to be loyal to each other, provide alibis, and show solidarity even if they have already been punished/convicted.

Law enforcement agencies believe that clan crime in Germany poses several risks. Most notably, it affects the security feelings of the population. Especially those living in areas “claimed” by the clan often feel unsafe and intimidated. Furthermore, there is a potential danger to internal security, as the clans do not accept the fundamental rights and values in Germany. Thus, it is the duty of the state and its institutions to fend off this threat. However, a problem is that investigations are made more difficult by the clans’ isolation, mutual protection of their members, and the intimidation of potential witnesses, making complete clarification of the crimes only rarely successful.

Another risk is the networking of clans with each other, particularly across state borders. This results in a high potential for mobilization and solidarity, which negatively affects investigative work. Additionally, there is still too little knowledge about the internal structure and the extent of clan crime.

This leads, on one hand, to a significant overestimation and subsequent stigmatization of individuals from foreign families who commit crimes regardless of their clan affiliation, and on the other hand, to an underestimation of the extent of crimes committed by clans.

Currently, however, one can assume a strong populist exaggeration of the topic.

According to media reports, the impression is created that every second crime is committed by a clan member. In reality, cases of clan crime still account for a very small portion of total crime in Germany. In North Rhine-Westphalia, for instance, the share of crimes categorized as clan crime is 0.48% of all registered crimes. Thus, there is a significant discrepancy between the actual crime committed by clans and the alleged threat posed by them. Furthermore, media reporting on clan crime occurs on a much larger scale than for “ordinary crimes,” as spectacular acts or those carried out on a larger scale are sometimes committed in the context of clan crime. This creates the impression that this type of crime represents the norm.

Increased Sentencing Due to Clan Affiliation?

Law enforcement agencies complain that they cannot act against clan crime with the effectiveness that they believe is necessary. Due to the complexity of the clan structure, when a crime is committed by a clan member, a penalty enhancement (increased sentencing beyond what is legally prescribed for an offense) is sometimes demanded solely based on clan affiliation, primarily intended for deterrence. But can this be lawful?

Fundamentally, criminal law does not recognize the term clan as such, nor does it impose special criminal liability based on clan affiliation. Membership in a specific group would only be punishable if the association was specifically directed at committing crimes. In this case, there would also be the possibility (if the clan also constitutes an association as per Article 9, Paragraph 1 of the Basic Law) to prohibit the association. According to Article 9, Paragraph 2 of the Basic Law, associations can be prohibited if they do not adhere to criminal laws or act against the constitutional order. However, the crime itself must be proven solely against the individual accused and potentially any further participants. The clan is not criminal without the criminal behavior of its individual members. Anything else would contradict the principles of Sections 25 et seq. of the Criminal Code.

Moreover, increasing penalties solely based on clan affiliation significantly raises the risk of stigmatization for individuals with a migration background or those belonging to a large family with a migration background or connected to a “clan.” A higher penalty would also constitute a violation of Article 3 of the Basic Law, which prohibits discrimination based on descent.

This also ties into the existing problem of differing standards in the prosecution of alleged clan crime versus “normal” crimes. It has been observed that, for instance, during searches and even routine checks involving a suspected clan member, a more thorough, intensive, and “rougher” approach by officers occurs compared to other individuals. This differentiated approach does not align with the presumption of innocence principle.

This also partly continues in the main proceedings when it comes to the possibility of dismissing the case for opportunistic reasons or the justification for issuing an arrest warrant.

In principle, law enforcement officers as well as judges and prosecutors are expected to maintain a certain level of objectivity and impartiality. However, this is not always practiced in reality.

Revocation of Residency and Asset Forfeiture as Effective Investigative Measures?

The revocation of residency and asset forfeiture of clan members are being discussed and applied.

The goal of the revocation of residency by the Federal Ministry of the Interior is to enable the expulsion of members of organized crime communities, regardless of whether they have committed crimes or been criminally convicted. It is sufficient, for example, if a foreign national belongs to an association that has donated money to a terrorist group. Whether such an approach is lawful and proportionate must be discussed in detail.

The stigmatization of the issue is also problematic here. Individuals who may have a relationship or contact with an alleged criminal organization are to be deported.

In practice, this approach is also unlikely to succeed from the perspective of law enforcement, as the residence law does not apply to German citizens and because the actual identity of the affected individual may not be ascertainable.

Asset forfeiture under Sections 73 et seq. of the Criminal Code is already a practiced measure against clan members. Accordingly, what is obtained through an unlawful act is confiscated.

The underlying thought is that the clan’s assets represent the central factor and driving force of the clan. By confiscating assets, the operational capabilities of the alleged perpetrators and ultimately the entire criminal organization are intended to be restricted. Law enforcement agencies view this as an effective means of combating clans sustainably.

However, the clan’s opaque structure is also problematic in this regard, as it cannot be proven who owns the assets and whether they were actually obtained through an unlawful act. There is also often a mixing of “legal” and “illegal” assets, making proof difficult.

Criminal Defense in Clan Crime and Organized Crime

If you are confronted with allegations of crimes from so-called organized crime or are designated by law enforcement agencies as a member of a so-called clan, we can assist you.

The proceedings in these areas require a substantial personnel and technical investigative effort. Consequently, there exists a larger volume of files that we must address to be able to defend accordingly.

The effects of public perception on the process should not be underestimated. As mentioned, there is a significant public interest in the topic of “clan crime,” as well as organized crime in general. The public usually expects a conviction of the accused and a harsh punishment. This expectation increases pressure on law enforcement agencies, causing the actual aim of the process—the establishment of truth—to sometimes be forgotten. Our task is to counteract this.

A current tool within the proceedings is the so-called base defense. In this context, multiple defendants are accused of jointly committing or participating in crimes. We, as defenders, will collaborate with the defenders of other defendants to develop a joint defense strategy and tactics to achieve the best outcome for you.

Particularly significant in such proceedings are so-called crown witnesses. These are individuals from the environment of the alleged perpetrators who are to testify in court about facts related to the crime. Co-defendants are also considered crown witnesses. These individuals are particularly important for the course of the trial. Accordingly, there is a strong need for the judiciary to reach a compromise with crown witnesses. In many cases, there is a reduction in punishment or even a waiver of punishment when the crown witness testifies against the accused. Should you wish to make use of the crown witness arrangement, we will prepare you accordingly and accompany you to interrogation appointments.

You will find that there is much to consider in these proceedings. However, our lawyers are familiar with this and will provide you with the best possible support.

We have many years of experience in criminal defense and possess special investigative techniques that can give us an advantage over the state criminal police and the public prosecutor’s office.

If you have any further questions or if you are a suspect in a criminal case, please do not hesitate to contact us.