Autor: Remus Jurj-Tudoran

Publicat în: Revista Pro Lege nr. 2/2017

Disponibil online: aici.

Cuvinte-cheie: legea nr. 535/2004; Directiva (UE) 2017/541; incriminarea actelor de terorism.

Abstract: After several attempts to criminalise terrorist acts in the Criminal Code, the first regulation of the terrorist crime was made in the aftermath of the terrorist attacks of September 11th, 2001, based on the Government Emergency Ordinance no. 141/2001. The legislation was completed by Law no. 535/2004, which was subsequently subject to several adaptations, in relation to the new factual realities.

The comparative analysis of the provisions of Law no. 535/2004 and those of the Directive (EU) 2017/541, highlights the fact that, in point of the criminalisation of terrorist acts, of the ones related to a terrorist group or those involving terrorist activities, or of other deeds involving terrorist activities, Romanian legislation complies to a great extent with the standards set by the above-mentioned European Directive, both in point of the definition of certain terms, of the constitutive elements, as well as of the punishment thresholds, the sole differences consisting in the classification of the offences.

Keywords: Law no. 535/2004; Directive (EU) 2017/541; criminalisation of terrorist acts.