The Battle against Islamic Terrorism through Penal Law: The Italian Experience (La Lucha Contra el Terrorismo de Matriz Islámica a Través del Derecho Penal: La Experiencia italiana)

Abstract:     
The paper analyzes the criteria used by the Italian Penal System to oppose Islamic terrorism. After explaining the dichotomy between the “American way” versus the “European way” in fighting this phenomenon, the author takes position in the debate regarding the so-called Criminal Law of the enemy, concluding that the fight against terrorism must necessarily go through law and penal jurisdiction, and that is the job of penal science to guide penal law-creating authorities in the search of a balance between public safety and guarantees. Then, the most relevant Italian penal types commonly used in the fight against Islamic terrorism are analyzed. Special consideration is given to participation in a terrorist conspiracy, a figure that, besides being the issue’s main axis, offers the biggest problems with regards to its compatibility with constitutional principles.

Number of Pages in PDF File: 27

Keywords: Terrorism, international terrorism, Islamic fundamentalism, conspiracy, terrorist conspiracy, Criminal Law of the enemy, security, freedom

Accepted Paper Series