Негативне криминално-политичке тенденције и кривична дела тероризма у законодавству Немачке
Negative Criminal – Political Trends and Criminal Offences of Terrorism in Legislation of Germany

Summary/Abstract: The legislative response to Germany’s problems with terrorism is directly linked to many negative experiences this country had with terrorist attacks. Germany is fighting against terrorism by classical set of legislation in the field of criminal law and does not possess a special law in relation to preventing and combating terrorism. Political reasons dictate to criminal law in Germany, a new, improper function, the security function, which occurs as a result of the efforts of states to prevent terrorism. It can be concluded that the German criminal legislation fully is in line with the relevant EU documents regarding terrorism. Existing criminal acts are not only changed significantly, but there was also a new criminalization, with prevention-oriented character, which can be critically considered in the context of some proven legal – dogmatic principles, such as one of the criminal law as ultima ratio. Although the aforementioned criminalization deviates from some basic criminal principles, it represents the way of the criminal law adaptation to new forms of terrorism. What has to be unequivocally accepted is a restrictive approach to these deviations, with clearly defined boundaries between the need to achieve security and the rights and freedoms of individuals, with a steady process of examining the necessity of this preventive approach, which goes beyond the framework of traditional criminal law. Acceptance of permanent and increasing repression in the field of criminal offences of terrorism must be limited with the consciousness that too wide and too severe criminal repression leads to harmful consequences for individuals and society. Better results in the field of combating terrorism can be achieved if the repression would be certain and moderate.

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