The Dutch judicial approach to various types of co-offending among members of Outlaw Motorcycle Gangs

Abstract

AbstractThe Dutch criminal law system is based on individual liability, yet part of the crime and violence Outlaw Motorcycle Gang (OMCG) members commit is collective in nature. This study examines the criminal law approach towards collective criminal behavior of OMCG members. The study analyzes police files and court judgements of criminal law cases that were filed against members of Dutch OMCGs. Additionally, interviews were carried out with public prosecutors involved in these criminal cases. The results show that it is often difficult to legally address OMCGs as criminal organizations or weigh the mere symbolic contribution of fellow club members to crime, such as the use of the OMCGs’ violent reputation. Furthermore, the results suggest that in order to circumvent legal difficulties in addressing group symbolism and OMCGs as collectives via criminal law, the Dutch Public Prosecution Office has recently opted for a stronger interplay between criminal and civil law, targeting both individual OMCG members and the structural aspects of OMCGs. Future research is needed to establish which (interplays between) legal instruments are most effective in responding to collective criminal behavior.