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- Title
LA REGULACIÓN DE LOS DELITOS DE TERRORISMO EN LA L.O. 5/2010. ¿SON LOS TERRORISTAS NUESTROS "ENEMIGOS"? ESPECIAL REFERENCIA A LA LIBERTAD VIGILADA.
- Authors
Guerrero, Patricia Puente
- Abstract
From the analysis of the latest criminal law amendments, reflected on 7/2003 or 5/2010 Organic Laws, we can conclude an eagerness in tightening penalties and their execution conditions, hindering as far as possible the liberty of certain criminals, expanding the situations that involve the criminal law and extending the intervention beyond the prison release. Expert voices --which have been silenced by means of popular and political alarmist speeches that blow the problem up out of all proportion and can generate a dangerous aspiration of "no risk" in the Orwellian Big Brother style, based on a perception of insecurity that doesn't need to be connected with reality-- define this phenomenon as a criminal law "expansion", a return to Von Liszt and his "neutralization" of "incorrigible" criminals construct, whose major archetype is "enemy criminal law", that impend with the end of the constitutional rights and due process of law that have taken so much effort to reach in the rule of law.
- Subjects
CRIMINAL law; TERRORISM; POPULISM; POLITICAL doctrines; PAROLE
- Publication
Derecho Penal y Criminologia, 2011, Vol 32, Issue 93, p83
- ISSN
0121-0483
- Publication type
Article