LUXEMBOURG - Council of Europe

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- severely destabilise or destroy the fundamental political, constitutional, economic or social
structures a country or an international organisation or body.
A further requirement is that this "basic offence" should be punishable by a prison sentence or
heavier custodial penalty of at least three years’ maximum duration.
In addition, Luxembourg’s criminal law contemplates certain other offences in the data processing
field (Articles 509-1 to 509-7 of the Penal Code). Some of these offences – such as tampering with
a computer system – are liable to penalties that fulfil the criteria of the basic offence under the
antiterrorist provisions, and may thus be regarded as acts of terrorism.
The provisions criminalising terrorist acts are formulated as follows:
Chapter III-1.- On terrorism.
(L. 12 August 2003)
Article 135-1. (L. 12 August 2003)
Any crime or offence punishable by a maximum term of imprisonment of three years or more,
or by a heavier penalty, shall constitute an act of terrorism where its nature or context is such
that it may do serious harm to a country or an international organisation or body and has been
deliberately committed in order to:
- gravely intimidate a population,
- improperly compel the public authorities or an international organisation or body to
perform or refrain from any act, or
- severely destabilise or destroy the fundamental political, constitutional, economic or social
structures a country or an international organisation or body.
Article 135-2. (L. 12 August 2003)
Perpetrators of an act of terrorism as provided above shall be punished by fifteen to twenty
years’ imprisonment.
They shall be imprisoned for life where the act has caused one or more fatalities.
Article 135-3. (L. 12 August 2003)
A terrorist group is constituted by an organised association of more than two persons lastingly
established in order to commit, in a concerted manner, one or more of the acts of terrorism
referred to in Articles 135-1 and 135-2.
Article 135-4. (L. 12 August 2003)
(1) Anyone who intentionally and wittingly is an active member of a terrorist group shall be
punished by one to eight years’ imprisonment and a fine of 2 500 to 12 500 euros, or by one of
these penalties alone, even if not intending to commit an offence within that group or to
associate with it as principal or accomplice.
(2) Anyone who participates in preparing or carrying out any lawful activity of the aforesaid
terrorist group in the knowledge that his or her participation furthers its aims as defined above
shall be punished by one to eight years’ imprisonment and/or a fine of 2 500 to 12 500 euros.
(3) Anyone who participates in any decision-making in connection with the activities of a
terrorist group in the knowledge that his or her participation furthers its aims as defined above
shall be punished by five to ten years’ imprisonment and/or a fine of 12 500 to 25 000 euros.
(4) Any leader of a terrorist group shall be punished by ten to fifteen years’ imprisonment
and/or a fine of 25 000 to 50 000 euros.