Questão jurídica principal
Whether the defendant acted as a member of a band under Art. 19 ch. 2 let. b LStup
Decisão extraída
Yes. A hierarchical organization does not exclude band affiliation; the evidence showed a coordinated association aimed at repeated drug offenses.
Fundamentação extraída
A band exists when two or more persons manifest a will to commit several independent offenses together, even if roles differ. The defendant and D. jointly operated major cultivation sites, with payment arrangements and shared criminal purpose.