Article 570 ter [source]

Spanish Criminal Code
English translation

1. Those who form, finance, or are members of a criminal group shall be punished as follows:

a) If the purpose of the group is to commit the offenses mentioned in paragraph 3 of the preceding article, with a prison sentence of two to four years if it involves one or more serious offenses, and with a prison sentence of one to three years if it involves less serious offenses.

b) With a prison sentence of six months to two years if the purpose of the group is to commit any other serious offense.

c) With a prison sentence of three months to one year when it involves committing one or more less serious offenses not included in paragraph a) or the repeated commission of minor offenses.

For the purposes of this Code, a criminal group is understood to be a union of more than two persons who, without meeting one or more of the characteristics of a criminal organization as defined in the preceding article, have as their purpose or objective the concerted commission of offenses.

2. The penalties provided for in the preceding paragraph shall be imposed in their upper half when the group:

a) is made up of a large number of persons.

b) possesses weapons or dangerous instruments.

c) possesses advanced technological means of communication or transport that, due to their characteristics, are especially suitable for facilitating the commission of crimes or the impunity of the perpetrators.

If two or more of these circumstances are present, the next higher penalty will be imposed.