Author(s): Miodrag N. Simović, Mile Šikman
Subject(s): Criminal Law, International Law, Security and defense, Behaviorism, Criminology, Penal Policy
Published by: Fakultet za kriminalistiku, kriminologiju i sigurnosne studije Univerziteta u Sarajevu
Keywords: Terrorism; crime; criminal law; criminal procedural law;

Summary/Abstract: Reason(s) for writing and research problem(s): Terrorism is undeniably a crime and that is a fact. The means of manifestation, the social danger and the consequences that it carries with it makes this phenomenon a threat to security, not only in states but also in regions, and even the international community. At the same time, this phenomenon is under the strong pressure of the public that is not only horrified and scared of its reaches but also expects the appropriate (decisive) state reaction to it. This is why, besides the reaction of the law enforcement agencies and the security services, the criminal justice response to terrorism is very important. This mainly refers to the reaction by the norms of the criminal material and law assessment. Aims of the paper (scientific and/or social): The purpose of this paper is to give a critical analysis of the norms of substantive and procedural criminal law that involve terrorism in two aspects: the first, purpose of punishment for terrorism and terrorist offenses and second, the way of their incrimination in the criminal law and the impact of international law on these provisions. Methodology/Design: To write the paper we will use available reference sources. This way, using the method of content analysis we will examine the basic phenomenological features of terrorism as a crime. Then, using the comparative method, we will consider the domestic and international regulations governing this field. Research/paper limitations: The limitations and difficulties in research are related to collecting the data and the complexity of the problem of the research, and concern the standard difficulties in working with qualitative and quantitative methods, such as the method of the analysis, the comparative method and other methods that will be used in the work. Results/Findings: Based on the collected data and the new data developed for this particular study, it will be possible to formulate appropriate proposals with the aim of improving the criminal justice response to terrorism. General conclusion: Obviously, the criminal repression against terrorism is manifested primarily in the prescription of new ‘’terrorist’’ crimes, the strengthening of the penal policy (imprisoning more severe sentences for the perpetrators of these crimes) and the incrimination of the preparation acts as independent actions for the commission of the criminal offense. Research/paper validity: This paper should show the unification of criminal law and terrorism as socially unacceptable behavior.

  • Issue Year: XVII/2017
  • Issue No: 1-2
  • Page Range: 73-96
  • Page Count: 24
  • Language: Bosnian, Croatian, Serbian