Finanțarea terorismului – teorie și practică judiciară
Financing terrorism – theory and judicial practice

Summary/Abstract: In the contents of the study there are analyzed the elements of the offence of financing the terrorism and assimilated crimes, as well as the judicial practice between the European Union States and USA, and it is underlined that in the context of a criminal trial, the prosecutors and the judicial courts have to establish if an organization or a natural or legal person, including the fighter of the lonely wolf type, should be considered a terrorist entity, under some national judicial procedures, considering other circumstances, whether or not the person or entity were designated as such, either by UN, in compliance with the Security Resolution of the UN Council no. 1267/1999 and successor resolutions or by a competent national authority (for example, the US State Department). In some cases, the question of whether the organization to which funds have been allocated is, in fact, a terrorist entity, is essential to determine whether a terrorist financing offense has been committed. It is also underlined that, currently, the cost of terrorist attacks is low compared to the cost of the attacks of 11 September 2001 and so far there are no public data showing, unlike money laundering files, that criminal cases in which it was ordered the prosecution and conviction of defendants for the financing of acts of terrorism were formed following the notifications sent by the financial intelligence units.

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