TERRORISM

Terrorist offenses are regulated in arts. 571 to 580 of the Penal Code.

Terrorist organizations and groups

On the one hand, Article 572 of the Penal Code punishes the promotion, constitution, organization or direction of terrorist organizations or groups, with prison sentences of 8 to 15 years and absolute disqualification during the time of the sentence. In addition, persons who actively participate or form part of such groups are punished, in which case the penalty is imprisonment for 6 to 12 years and absolute disqualification for the duration of the sentence.

What is a terrorist organization or group? These are those organizations or groups that, in addition to meeting the requirements to be considered criminal organizations or groups, have as their purpose the commission of a terrorist crime, which we will see below.

Terrorist crimes

What crimes are considered terrorist offenses? These are crimes that punish conducts that are already typified as crimes in other precepts of the Penal Code, but that acquire the status of terrorist acts due to the purpose pursued with their execution. These crimes are characterized by the fact that they affect not only individual legal rights (such as the life and integrity of persons), but also essential elements of social coexistence. Specifically, in order for certain facts to be classified as a crime of terrorism, the following circumstances must be present:

• First, the facts must constitute a serious crime against life or physical integrity, liberty, moral integrity, sexual liberty and indemnity, patrimony, natural resources or the environment, public health, catastrophic risk, fire, documentary falsehood, against the Crown, attack and possession, trafficking and deposit of weapons, ammunition or explosives, or seizure of aircraft, ships or other means of collective transport or goods.
• Second, the events must be carried out for one of the following purposes:

1. Subverting the constitutional order, or suppressing or seriously destabilizing the functioning of political institutions or the economic or social structures of the State, or forcing the public authorities to carry out an act or to refrain from doing so.
2. Seriously disturbing the public peace.
3. Seriously destabilize the functioning of an international organization.
4. To provoke a state of terror in the population.

The penalty to be imposed varies according to the crime actually committed and the legal property affected.

In addition to the conducts described above, the Criminal Code also punishes, as a terrorist offense, collaboration with terrorist organizations or groups. Specifically, it is punishable to receive military indoctrination or training aimed at the commission of any of the previously indicated crimes, as well as self-training or self-education for such purpose, including regular access to contents that incite to join a terrorist organization or group (art. 575 of the Penal Code).

Likewise,economic collaboration with criminal organizations or groups is punishable, including carrying out any activity with goods or securities knowing that they will be used for the commission of terrorist crimes. These acts are punishable both when committed intentionally and through gross negligence (art. 576 of the Penal Code).

On the other hand, Art. 577 of the Penal Code punishes collaboration with terrorist organizations or groups, including as such the information or surveillance of persons or goods, the concealment or transfer of persons, the organization of training practices…

For its part, Art. 578 punishes, with a prison sentence of 1 to 3 years and a fine of 12 to 18 months, the public glorification or justification of terrorist crimes, as well as the carrying out of acts that involve contempt or humiliation of the victims of such crimes.

Finally, it should be taken into account that art. 579 bis point 3 of the Penal Code provides for the possibility that the judge may impose on the perpetrator of a terrorist crime the sentence lower by one or two degrees when we are dealing with a repentant terrorist. What requirements must be met in order for the Judge to apply such mitigation of sentence?

• That the perpetrator has voluntarily abandoned his criminal activities.
• To present himself to the authorities confessing the facts.
• That he/she actively cooperates with the authorities to prevent the commission of the crime, or collaborates effectively in obtaining evidence for the identification or capture of other perpetrators or to prevent the development of terrorist organizations or groups to which he/she has belonged.