Terrorism Crimes in the Chilean Criminal Code Draft
31 Pages Posted: 7 Jun 2010
Date Written: 2006
Abstract
The APCP reproduces the current law 18.314 about terrorist behaviour without considering its errors. Therefore, its incorporation in the Chilean Criminal code perpetuates and justifies an exceptional law. It has a diffuse and ambiguous concept of terrorism, which leads to different interpretations within the same precept of the law. The risk the law presents is that the judge could considerate and submit other crimes or conducts in the same precept. Even conducts which have nothing to do with terrorism could be punished under this law. A terrorist act does not require the proof of the existence of a terrorist organization. The judge could apply the “new law” (APCP) for punishing social violent acts.
Keywords: Terrorism, criminal law of the enemy, concept of terrorism, elements of the terrorism crime
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