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The crime of assault on means of transportationand navigational facilities as a terrorism offence in the uae and Jordanian legislation. Comparative analytical study

100%
Shiyab T.
The Lawyer Quarterly
|
2021
|
vol. 11
|
issue 3
401-412
EN
There is no doubt that the crimes of hijacking of aircraft and ships and assaults on land means of transportation and navigational facilities are terrorism offences that are among the most serious and threatening for individuals’ safety and security. Aircraft, ships, and trains are the most widely used means of transportation; therefore, they should be safe and protected against any terrorist act, and a severe penalty should be imposed on whoever commits such crimes. Therefore, this study aims to clarify how Emirati and Jordanian legislators have addressed these types of crime, and whether or not they addressed them in harmony with the international community’s vision in combating terrorism offences. By end of this study, it is concluded that Emirati and Jordanian legislators have considered such types of crime as terrorism offences, and they have imposed severe penalties that are commensurate with the severity and seriousness of the criminal act committed, and that the two countries are in complete harmony with the international community’s vision in combating and reducing terrorism offences. The study concludes with a set of outcomes and recommendations.
2

Uwagi o istocie przestępstwa o charakterze terrorystycznym i jego karaniu. Część I

86%
Kokot R.
Nowa kodyfikacja prawa karnego
|
2018
|
vol. 48
31-46
EN
The study attempts to draw attention to some, the most important complex threads — both in the criminological and the dogmatic legal sense — problems of crime of terrorist character. The starting point of considerations conducted in part I of the article is the historical analysis referring to genesis and evolution of dogmatic and normative perception and understanding of the concept of terrorist offense — from the legislation of the interwar period through post-war regulations, until the regulation of the Penal Code of 1969. The central thread of this part of the study is the analysis of the normative shape of a terrorist offense construction in terms of art. 115 § 20 of the Penal Code, legal nature of this institution as well as the consequences at the level of application of the discussed regulations. Considerations taken in part II of the study cover issues regarding the consequences of committing a crime of a terrorist character in the sphere of statutory and judicial punishment and other penal measures. In this part of the analysis, the issue of extraordinary tightening of punishment was subjected in particular to a terrorist crime including doubts that in practice the provisions relating to the rule of progression of punishment of terrorists can cause, as well as the possibility and rules of using other institutions shaping the legal situation of the perpetrator of a terrorist offense.
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