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“Criminal association is a catch-all offence.”

So what exactly is criminal association under Luxembourg law?

Where does criminal association fall within the iter criminis?

To understand criminal association, it is useful to understand what is known as the iter criminis, or “criminal path”, which sets out the various stages leading to the commission of an offence.

• Criminal idea → I want to commit a burglary → not punishable
• Criminal decision → I am going to commit a burglary → not punishable¹
• Preparatory acts → I buy a window breaker to commit a burglary → may be punishable
• Criminal association → I join with others to prepare the commission of a burglary → punishable
• Commencement of execution → I enter the grounds of a private property → punishable²
• Commission of the offence → I leave the private property with stolen goods → punishable

Criminal association therefore falls within the preparatory stage of an offence. It consists in preparing the concrete implementation of a criminal plan.

¹ Except where a threat to commit a crime is communicated to another person.
² If the commencement of execution does not result in the completion of the offence, it may be characterised as an attempt.

How is criminal association defined?

Origins of the offence: influenced by the revolutionary movements that led to the French Revolution, Napoleon included in the Criminal Code of 1810 provisions punishing “criminal associations” where they were formed “for the purpose of preparing, as evidenced by one or more material acts, one or more crimes against persons or property” – Article 265 of the French Criminal Code of 1810.

Under Luxembourg law, criminal association is defined as “any association formed for the purpose of attacking persons or property”. The Criminal Code further provides that such an association “constitutes a crime or misdemeanour by the mere fact that the group has been organised” – Article 322 of the Luxembourg Criminal Code.

Criminal association is therefore a standalone offence, established by the mere creation of an organised group pursuing a criminal objective, even where that objective is never actually achieved (Luxembourg Court of Appeal, 29 August 2025, No. 368/25).

It is therefore a relatively broad offence, which raises several questions:

• How should an “association” be defined?
• What is the minimum number of persons required?
• What level of organisation is required?
• Is there a difference between an “association” and a “group”, bearing in mind that criminal law must be interpreted strictly?

Case law has sought to answer these questions, in particular in a judgment delivered by the Luxembourg District Court on 13 December 2010 (No. 2272/06):

• An association implies the existence of links between its various members;
• At least two persons must form the association;
• The organised nature of the association may be established on the basis of a number of non-cumulative criteria, including a degree of permanence in the organisation, allocation of tasks between members, distribution of the proceeds, meeting places, frequent meetings, etc.;
• Each member must have joined the organisation with knowledge of its criminal purpose and with the intention of facilitating the commission of the offence.

In summary, the courts retain a broad margin of appreciation when determining whether the offence is established:

“The judge assesses, having regard to all the facts, whether the offence is established,

by taking into account the consistency and density of the evidence revealing a common intention to participate in a criminal undertaking.”

Luxembourg Court of Appeal, 29 August 2025, No. 368/25

How is criminal association punished?

Classified under Title VI of the Criminal Code relating to “Crimes and offences against public security”, criminal association is subject to severe penalties.

Depending on the degree of involvement and the purpose of the association, the penalties range from six months to ten years’ imprisonment.

❓ So ultimately… Criminal association: a protective tool or a “catch-all” offence?

➡️ For any questions relating to criminal law, please contact Fanny Gilliers and Bastien Desjardins.