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Hans-Joerg Albrecht
Particular Terrorism Offence Statutes: Qualification and Aggravating
circumstances
The European Union Framework Decision of June 13, 2002 on Combating
Terrorism requires member states to introduce the category of terrorist
offences (Troosters, 2004). A terrorist criminal offence – according to the
Framework Decision – is established by subjective elements such as the
purpose of seriously intimidating a population, unduly compelling a
government or international organisation to perform or abstain from
performing an act or seriously destabalizing or destroying the fundamental
political, constituutional, economic or social structures of a country or an
international organization.
While for example in German criminal law, particular statutes on terrorism
in terms of separate or independent offence statutes or in terms of
qualifications are not provided for (except §§ 129a, b which penalize
founding and being a member of a terrorist group), other countries have
introduced such separate offence statutes that focus on terrorism (Saul,
2003, p. 337). The French Criminal Code threatens in article 421-1
increased penalties for a range of criminal offences if these are carried out
with the purpose of disseminating fear and terror in the public with the
effect of serious disturbances of public order. In England/Wales the
Terrorism Act 2000 contains a provision which defines a range of criminal
offences as terrorist activities if these are committed in order to influence
the government or to create fear in the public or segments of the public with
the aim to promote religious, political or ideological purposes (Walker,
2000, pp. 8). Denmark has also introduced specific criminal offence statutes
against terrorism in the Anti-Terrorism Act of May 31 st , 2002. With this
type of separate anti-terrorism offence statutes, conventional definitions of
terrorism are used which focus on motivation and the pursuit of political and
ideological goals. Corresponding statutes can be found in the USA Patriot
Act 2001 as well as in the Canadian Anti-Terrorism Legislation, moreover
in the Australian Criminal Code Amendment Bill 2002. In those countries
where the death penalty is abolished, we find in most countries now the
threat of life imprisonment for terrorist offences; in non-abolitionist
countries the risk of the death penalty being imposed for terrorist acts is
significantly increased. The creation of separate anti-terrorism offence
statutes strengthens an international trend towards creating and
implementing hate crime legislation, which means that increased penalties
are established for such motives that are perceived to be particularly
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