Terrorism and criminal law
From a criminal law concept as extrema ratio to enemy criminal law
DOI:
https://doi.org/10.20318/universitas.2020.5139Keywords:
Citizen, enemy, punishment, criminal law, legal stateAbstract
The fear of terrorism has created, at national and international level, a criminal law system to react to this phenomenon. The need for a rapid answer to the problem has led to legal uncertainty that carries with it the risk of the negation of the legal state to adopt the logic of the enemy's criminal law. This writing, through the analysis of the theory by Gunther Jakobs, theorist of the enemy's criminal law, describes which are the negative repercussions of a lack of "asymmetry between legal state and extra legal violence” mentioning Luigi Ferrajoli.
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