A Study on Criminal Responsibility for Terrorism
Date Issued
2007
Date
2007
Author(s)
Lin, Chih-Yu
DOI
zh-TW
Abstract
After September 11, 2001 attacks, strategies worldwide are designed in the name of anti-terrorism. Although no terrorism attacks had happened in Taiwan, Taiwan government passed a draft of anti-terrorism law yet without adequate discussion.
This thesis will start with the definition of terrorism. After the discussion on the definition of terrorism in chapter two, we realize that due to the differences underlying value systems and backgrounds, it is difficult to define one and only definition of terrorism. Many confound guerilla, crime of violence with terrorism, and causing lots of problem as well as creating room for manipulating in the making of anti-terrorism strategies.
Chapter three introduces the reason why people choose this method to express themselves and the impact of terrorism will be discussed, so that we shall have better understanding of how to deter this kind of threat. Lack of experience with anti-terrorism, it is necessary for us to consult the stipulation of anti-terrorism in other counties. In chapter four the anti-terrorism law in UK, Germany and USA will be presented and discussed to figure out the tendency of anti-terrorism strategy.
After studying the tendency of anti-terrorism legislation, we found two trends noteworthy: the advanced punishment of terrorism-related actions, especially the preparations of related actions, and the increase of penalty to crimes of terrorism. It is essential to clarify whether these stipulations are legitimate or not before legislating. However the criminal theory is against these two trends. For there is no crucial difference between terrorism actions and other crimes, there is no need to apply other criterion to decide which actions should be punished. As to the increase of penalty, compared to other crimes terrorism actions do not generate further or additional victim Interests which deserve protection by criminal law. Therefore there is no reason to increase the penalty.
Instead of the traditional criminal law theory, professor Jakobs brought up a new criminal law theory aiming at Terrorism – “criminal law for enemy (Feindstrafrecht)”. With the conflict between the theory’s presupposition and the existing state of society, the obscurity problem of its positioning in whole legal construction and the slight possibility of practice due to its ambiguous criterion, there is no urgent need to adopt this theory.
Subjects
恐怖主義
反恐怖行動法
前置化
重刑化
敵人刑法
Terrorism
Anti-Terrorism Law
advanced punishment
increase of penalty
criminal law for enemy
SDGs
Type
thesis
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