Problems of legislative response to definition of terrorism crime (Comparative Critical Study) (Between the legislation of Egypt, the UAE, Saudi Arabia, France, Italy and Germany)

Abstract

It is natural for the comparative legislations to differ among themselves in terms of their position on the definition of the terrorist crime, and this difference focused mainly in two directions: one of them went to the definition of the terrorist crime, and the other was silent on setting a specific definition for it.

The research dealt with the problems related to the legislative confrontation with the definition of the crime of terrorism, by talking about some legislations that belong to these two directions, which made me divide the research into two topics, the first is concerned with the study of the legislative approach to defining the crime of terrorism, and the second deals with the approach of the legislator regarding the definition of this crime.

The research showed that the comparative legislation does not follow a single plan regarding its position on setting a specific definition of the crime of terrorism, some of which tend to begin with the definition of terrorism before moving on to organizing the substantive and procedural measures to confront it, Among these legislations are the legislations of Egypt, the United Arab Emirates, the Kingdom of Saudi Arabia and France, In reversing that trend, it became apparent to us that there are other legislations which aim not to discuss the issue of defining terrorism, So it goes directly to developing a list of crimes that it considers terrorist crimes if the goal of terrorism is available, Including legislation from Italy and Germany , and the research reveals that each of these two directions has advantages and disadvantages, and that comparative legislation often greatly expands the scope of terrorist crimes by criminalizing acts that are not actually considered terrorist, and the characteristics of a terrorist crime may not be present Though that To different degrees.