NORDSCI Conference proceedings 2018, Book 2

Law

TERRORISM IN THE SLOVAK CRIMINAL CODE WITH FOCUS ON PROPOSAL AMENDMENT

JUDr. Monika Škrovánková

ABSTRACT

Terrorism currently represents one of the most serious problems. Many
countries introduce measures combating terrorism on a national and transnational
level. The Slovak Republic is no exception in this regard and as one of the
members of the European Union it is also obliged to execute the transposition of
the Directive (EU) 2017/541 of the European Parliament and of the Council of 15
March 2017 on combating terrorism and replacing Council Framework Decision
2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31
March 2017) (hereinafter as the "Directive") and full implementation of the
Additional Protocol to the Council of Europe Convention on the Prevention of
Terrorism dated 22 October 2015 (CETS 217) (hereinafter as the "Convention")
into its legislation. The author focuses in her article on the analysis of the proposed
amendment to the Act No. 300/2005 Coll., the Criminal Code, as amended
(hereinafter as the "Amendment"), which shall transpose the Directive and
implement the Convention into Slovak legislation. The Amendment represents a
major intervention in the Slovak legislation combating terrorism, since it proposes
to transform the original element of the criminal offence of terrorism and some
forms of participation on terrorism into two individual criminal offences, whereas
at the same time it introduces two new elements of criminal offences penalizing
specifically financing of terrorism and traveling for the purpose of terrorism. The
criminal offence of financing of terrorism draws in part from the objective part of
the element of criminal offence of terrorism and some forms of participation on
terrorism, which it amends and renews on basis of initiatives from practice. The
criminal offence of traveling for the purpose of terrorism and its implementation
was required due to the seriousness of the threat which represents to the society
committing some of the criminal offence of terrorism and mainly the need to stop
the ow of foreign terrorists. The legislator therefore criminalized such acts. The
author in end evaluates the potential impact of the mentioned changed to the
practice and critically evaluates its positives and negatives, whereas she partially
deals with the already adopted the so-called antiterrorist pack by the Act No.
444/2015 Coll., which amends the Act No. 300/2005 Coll., the Criminal Code as
amended and which amends certain acts.

KEYWORDS

terrorism; Slovak criminal law; criminal offence of financing
of terrorism; criminal offence of terrorism; criminal offence of traveling for
the purpose of terrorism.

REFERENCE

NORDSCI Conference Proceedings 2018, Conference Proceedings, ISSN 2603-4107, ISBN 978-619-7495-01-0, TERRORISM IN THE SLOVAK CRIMINAL CODE WITH FOCUS ON PROPOSAL AMENDMENT, 343-351 pp, DOI paper 10.32008/nordsci2018/B2/V1/48