June 20, 2018

The Hells Angels and the No Surrenders judged criminal associations

Biker trials: The Hainaut Court of Appeal believes that the Hells Angels and No Surrender motorcycle clubs are criminal associations. The third criminal chamber of the Hainaut Court of Appeal pronounced this Tuesday, its judgment in the context of the motorcyclists' trial. Like the Mons Criminal Court, the court considers that No Surrender and Hells Angels motorcycle clubs are not criminal associations active in arms and narcotics trafficking in order to finance their clubs. For the court, some bikers have acted in isolation to get rich. On the other hand, they constitute criminal associations.

The Hells Angels and the No Surrenders judged criminal associations
The court increased the sentences of some No Surrenders and upheld the sentences imposed in the first instance on the Hells. Belga
"If these clubs were not created to commit crimes and misdemeanors, they have evolved to such an extent that they can do so in good times. The type of acts committed (attempted murder and torture) makes it possible to consider that the purpose of the association is, at the very least, the commission of crimes, "according to the Court.

A kitty to pay legal fees ...

The facts, the possession of weapons, the fact of harming the physical integrity of those who threaten them or not disclosing anything to the police (which is imposed by the internal regulations of the clubs), demonstrate this according to the court . At the Hells, a kitty is also organized to pay legal fees. The court increased the sentences of some No Surrenders and upheld the sentences imposed in the first instance on the Hells Angels MC.

For example, Fabrice C, a former Hells Angels party member of the No Surrenders, was sentenced to 12 years in prison, two years more than in correctional law, where he was acquitted of an attempted murder on a Hells in November 2016 in Colfontaine. The court, however, believes he is guilty, even for an attempted murder requalified in threats by gestures, facts that took place in February 2016 in Boussu. He was also convicted of torture in 2012 while he was at the Hells and is considered the sponsor of other crimes and misdemeanors as he was president of the No Surrender Hainaut Chapter.
His son, Luigi C., is sentenced to five years in prison on probation for five years. He is convicted of an attempted murder on a Hells while he was acquitted by the court.

The French biker, Theo D. receives six years in prison as in first instance. Patrick J. is sentenced to seven years, one year more than correctional.

Mohamed E., who fled to Spain where he was arrested, is sentenced to ten years in prison as correctional.

On the side of the Hells, the former president of the chapter of Mons receives a five-year probation suspended for five years.

Wim H, known as Viper, is sentenced to a two-year suspended sentence of five years, as in correctional, for torture. He did not get the required work. Finally, Peter T. receives two years of suspended sentence as correctional.

At the trial, the defense considered that the prosecution had not been loyal in appealing the last day of the statutory period. In addition, the lawyer of Fabrice C. had denounced the "bias" of the head of investigation, which has forged a sentimental relationship in 2012 with the wife of the biker. The court considers that the late appeal of the Crown does not constitute a specific element of disloyalty to the defense.

For the court, three magistrates instructors were responsible for the conduct of the investigation. Finally, the court did not dismiss the additional duties performed between the two trials, except a report written by the chief investigator alone. These complementary duties allowed the court to be convinced of the participation of some bikers in an attempted murder, while they had been acquitted at first instance.

Belgium - BN.

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