1. The impact of the EUs counter terrorism strategy for the presumption of innocence and the proportionality principle
26 June 2017

2. Travelling for terrorist purposes
26 June 2017 | Travelling for Terrorist Purposes

3. Travelling for terrorist purposes
26 June 2017 | Travelling for Terrorist Purposes
Artikel 9.2.a Directive
Each Member State shall take the necessary measures to ensure that one of the following conducts is punishable as a criminal offence when committed intentionally
travelling to that Member State for the purpose of committing, or contributing to the commission of, a terrorist offence as referred to in Article 3, for the purpose of the participation in the activities of a terrorist group with knowledge of the fact that such participation will contribute to the criminal activities of such a group as referred to in Article 4, or for the purpose of the providing or receiving of training for terrorism as referred to in Articles 7 and 8; or

4. Travelling for terrorist purposes
26 June 2017 | Travelling for Terrorist Purposes
Punishability
Sanction
Recommendation

5. Travelling for terrorist purposes
26 June 2017 | Travelling for Terrorist Purposes
Punishability
Sanction
Recommendation
Iter criminis
Vision
Standards
Attempt
Withdrawal

6. Travelling for terrorist purposes
26 June 2017 | Travelling for Terrorist Purposes
Punishability
Sanction
Recommendation
Iter criminis
The path between the conception of the offence and the ultimate completion thereof
Vision
Sanction window
Standards
Conception | idea to commit an offence
Preparatory acts leading up to the offence
Start of execution
= externalising intent
Completion of the terrorist offence
Attempt
Withdrawal
Is “travelling” a
“start of execution”?

7. Travelling for terrorist purposes
26 June 2017 | Travelling for Terrorist Purposes
Punishability
Sanction
Recommendation
Iter criminis
Objectivism vs subjectivism Clarity of intent: what, where, how, with whom …
Vision
Standards ?
Attempt
Withdrawal
Inacceptable gap?

8. Travelling for terrorist purposes
26 June 2017 | Travelling for Terrorist Purposes
Punishability
Sanction
Recommendation
Iter criminis
International minimum standards
UN – RES 2178 (2014)
CoE – Additional Prot ETC (2015)
EU – Directive (2017)
“in proportion with the nature and circumstances of the offence”
“taking account of the proportionality principle”
“taking account of the presumption of innocence”
Vision
Standards
Attempt
Withdrawal

9. Travelling for terrorist purposes
26 June 2017 | Travelling for Terrorist Purposes
Punishability
Sanction
Recommendation ?
Iter criminis
Example: Art. 410 sexies Belgian Criminal Code […] shall be punished with imprisonment of 5 to 10 years and with a financial penalty of one hundred to five thousand euro 1° every person leaving the national territory with the intention to commit, in Belgium or abroad, one of the offences listed in articles […] 2° every person entering the national territory with the intention to commit, in Belgium or abroad, one of the offences listed in articles […]
Vision
Standards
Attempt
Withdrawal

10. Travelling for terrorist purposes
26 June 2017 | Travelling for Terrorist Purposes
Punishability
Sanction
Recommendation
Iter criminis
Desirability of extenting to “Attempting an attempt”?
Vision
Sanction window
Standards
Conception | idea to commit an offence
Preparatory acts leading up to the offence
Start of execution
= externalising intent
Completion of the terrorist travel
Completion of the terrorist offence
Attempt
Withdrawal
When does one start with the execution of
“travelling for terrrorist purposes”?

11. Travelling for terrorist purposes
26 June 2017 | Travelling for Terrorist Purposes
Punishability
Sanction
Recommendation
Iter criminis
Significant limitation of “ Spontanious Withdrawal”
Vision
Spontanious Withdrawal
Sanction window
Standards
Conception | idea to commit an offence
Preparatory acts leading up to the offence
Start of execution
= externalising intent
Completion of the terrorist travel
Attempt
Withdrawal
What is the use of changing your mind?

12. Travelling for terrorist purposes
26 June 2017 | Travelling for Terrorist Purposes
Punishability
Sanction
Recommendation
Attempt
Choice
Standards

13. Travelling for terrorist purposes
26 June 2017 | Travelling for Terrorist Purposes
Punishability
Sanction
Recommendation
Attempt
Objectivism (facts)
Subjectivism (person)
Art. 398 BCC Assault and injury
subjectivism
Choice 3 3
Sanction
Standards
objectivism 2
Sanction window
Start of execution
= externalising intent
Completion of the terrorist offence

14. Travelling for terrorist purposes10
26 June 2017 | Travelling for Terrorist Purposes
Punishability
Sanction
Recommendation
Attempt
Proportionality
Art. 140 sexies BCC
Terrorist Travelling
Art. 398 BCC Assault and injury 5
subjectivism
Choice 3 3
Sanction
Standards
objectivism 2
Sanction window
Start of execution
= externalising intent
Completion of the terrorist offence

15. Travelling for terrorist purposes10
26 June 2017 | Travelling for Terrorist Purposes
Punishability
Sanction
Recommendation
Attempt
Proportionality
Art. 140 sexies BCC
Terrorist Travelling
Art. 398 BCC Assault and injury
Extradition or Surrender 5
subjectivism
Choice 3 3
Sanction
Standards
objectivism 2
Sanction window 1 1
Start of execution
= externalising intent
Completion of the terrorist offence

16. Travelling for terrorist purposes
26 June 2017 | Travelling for Terrorist Purposes
Punishability
Sanction
Recommendation 10 ? 5 3 3 2 1 1
“Absurd disproportionality in the national sanction scales should be dealt with and could be linked to the development of an EU framework for attempted offences
“Dare to question the punishability of travelling without detailed information about the intent”