EN
TR
2. From an historic perspective, the criminal policy of Spain has firstly responded…
-
Git
: -
Favorilere ekle veya çıkar
-
Görüntüleme Ayarları:
A⇡ Yazı karakterini büyüt
ᴀ⇣ Yazı karakterini küçült
ᴀ⇣ Yazı karakterini küçült
Sayfa numarasını gizle
Bağlantılar
Yayın Bilgileri
Yayıncı:
On İki Levha Yayıncılık
Yayın tarihi: Mart 2022
Sayfa: 177 - 185
On İki Levha Yayıncılık
Yayın tarihi: Mart 2022
Sayfa: 177 - 185
Yazar:
Fernando Guanarteme Sánchez Lázaro
Editör:Adem Sözüer
Aşağıda bir kısmını gördüğünüz bu dokümana sadece Profesyonel + pakete abone olan üyelerimiz erişebilir.
Sayfa 177
Prof. Dr. Fernando Guanarteme Sánchez LÁZARO*…
1. The 11th September is a date engraved by terror in our contemporary history. It…
It all explains why, one year before the attacks of 11th September, a reform of the…
2.1. Art. 577.1. Penal Code was introduced in this reform, which punishes “with prison…
It is therefore not surprising that procedures have been initiated to determine whether…
2.2. In this sense, Supreme Court Judgement STS 338/2015, of 2 June, notes that:…
2.3. In this context, the group of victims has acquired a leading political role,…
2.4. And for that same reason, the Framework Decision on Terrorism of 13.6.2002,…
3. Nevertheless, the 11th of September implied a strengthening of international criminal…
And other terrorist groups certainly emerged during the democratic transition such…
4. As regards the events in Spain, there is a first date, after 11 September, to…
4.1. Certainly, this terrorist attack was not the first with a religious motivation.…
4.2. However, the 11-M attack occurred 3 days before the general elections. And contrary…
It has to be pointed out here that the Partido Popular had positioned itself…
4.3. The 11-M attacks had no direct impact on our criminal legislation. Perhaps,…
5. And it was not until the year 2010 when the subsequent reform was approved, through…
5.1. Thus, the concept of collaboration with a terrorist organization was broadened…
The Spanish legislator protected himself here in FD 2008, but the Framework Decision…
5.2. Along the same lines, a new definition of propaganda is introduced, under art.…
5.3. New offences both of wilful and of negligent financing of terrorism are introduced,…
5.4. And in relation to the legal consequences, the measure of supervised release…
5.5. Also of interest is the legal definition of a criminal organization and a criminal…
Art. 570 bis 1 in fine: “For the purposes of this Code, a criminal organization is…
Art. 570 3rd para 1 in fine: “For the purposes of this Code, a criminal group is…
In that respect, the legislator expressed his will, in the explanatory memorandum,…
6. Therefore, quite unlike FD 2002, FD 2008 reflects the influence of the European…
7. A few years later, on 1st July 2015, a subsequent reform was introduced, which…
This text appeared in a draft law at the end of 2014, with no known intellectual…
7.1. A relation with a terrorist group or organization is no longer necessary for…
7.2. Whoever “repeatedly accesses one or various communication services accessible…
7.3. Likewise, whoever, “with the same ends, acquires or holds documents that are…
7.4. Also, whoever “in order to collaborate with a terrorist organization or group,…
7.5. And a new extension of the concept of terrorism is introduced(16)…
1st Subversion of constitutional order, or seriously obstructing or undermining the…
2nd Serious disturbance of the public peace.…
3rd Seriously undermining the operations of an international organization.…
4th Provoking a state of terror in all or in part of the population”.…
8. The picture here would not be complete without noting, on the one hand, that these…
9. But it also allows us to predict a negligible influence of the recent Directive…
10. The basic problem is that Spanish regulations cover such ground that the crimes…
All in all, we have yet to reach our limit, as the last date that remains for me…
11. Punitive excesses, as we know, are no prevention; what is more, the importance…
Hence, the importance of a rationally oriented legislation, and the discouraging…
