Criminal law response to terrorism in the legislation of Spain and Italy

• Main Author: Bodrožić Ivana P.
• Format: Article
• Language: English
• Published: Institute of Comparative Law, Belgrade 2018-01-01
• Series: Strani pravni život
• Subjects: criminal offences of terrorism; spain; italy
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2018/0039-21381803109B.pdf

Author presents and analyzes the manner, content and models of the criminal law reaction to terrorism, in two member states of the European Union, Spain and Italy, which had direct negative experiences with terrorist attacks and developed anti-terrorism laws. Knowledge of terrorism as a category of criminal law, as one of the existing incriminations in national legal systems, with a comparative analysis and analysis of solutions from the national criminal justice systems of the elected countries, can be the basis for a later comparison with the solutions accepted in the national criminal legislation, through which could be given some suggestions regarding some of the de lege ferenda solutions. At the end of the paper, the author concludes that the criminal law provisions on terrorism of the selected legislation are aligned with the aquis communitaire, as well as characterized by expansionism and punitiveism, which in a free, democratic state must be limited and constantly reconsidered.