Terrorismo yihadista y política criminal

• Main Author: Juan Terradillos Basoco
• Format: Article
• Language: Spanish
• Published: Universidad EAFIT 2016-12-01
• Series: Nuevo Foro Penal
• Subjects: organized crime; human rights; criminal guarantees; criminal policy; dangerousness; terror; terrorism
• Online Access: http://publicaciones.eafit.edu.co/index.php/nuevo-foro-penal/article/view/4355/3639

The fact that the terrorism has so many typologies highlights that the category known as ‘terrorist criminality’ is not based on an ontological considerations but on a labelling power’s decision.It is necessary to avoid that criminal policy against terrorism reaches the punitive excess and become a system without guarantees, which will mean a warlike confrontation criminal law system. In order to accomplish this, it would be required to define terrorism by pointing two traditional elements out: the factual­structural component and the teleological one.The Jihadist terrorism has both elements in a clear and intense way. The 21st Century Criminal Policy has to take this into consideration if it pretends to supply the rule of law requirements.