Terrorismo yihadista y política criminal
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...
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| Format: | Article |
| Language: | Spanish |
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Universidad EAFIT
2016-12-01
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| Series: | Nuevo Foro Penal |
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| Online Access: | http://publicaciones.eafit.edu.co/index.php/nuevo-foro-penal/article/view/4355/3639 |
| Summary: | 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. |
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| ISSN: | 0120-8179 2539-4991 |