The Concept of a Special Criminal Law as a Weapon Against “Enemies” of the Society
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In Günther Jakobs’ terminology the term “Feindstrafecht” (enemy criminal law) means a special criminal law designed to fight enemies of society. Unlike traditional criminal law, it is not aimed at regular citizens but at those who deny the legal system, e.g. terrorists and organized criminals. The idea of declaring some people to be enemies of the society leads to new legal, political and philosophical questions: Who are these enemies? How can we identify them? Can these enemies be deprived of their human rights? Answers to these questions need to be found, since elements of “Feindstrafrecht” already exist in today’s criminal law.
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