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Counter-Terrorism Law and Practice: An International Handbook

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Unformatted text preview: Electronic copy available at: http://ssrn.com/abstract=1319387 * Senior Lecturer in Criminal Law at Utrecht University, School of Law, Willem Pompe Institute for Criminal Law and Criminology, Janskerkhof 16, 3512 BM Utrecht, the Netherlands, email: c.m.pelser@uu.nl 1 D.A. Burgman, ‘Unilateral conspiracy: three critical perspectives’, 1979 DePaul Law Review , pp. 75-113, p. 84. 2 Report from the Commission based on Article 11 of the Council Framework Decision of 13 June 2002 on combating terrorism, COM(2007) 681 final. 3 Joint Action of 21 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on making it a criminal offence to participate in a criminal organisation in the Member States of the European Union (98/733/JHA). 4 Council Framework Decision on the fight against organised crime, 12279/06 CRIMORG 132 OC 597. 5 The United Nations Convention against Transnational Organized Crime, adopted by General Assembly resolution 55/25 of 15 November 2000, entered into force on 29 September 2003. http://www.utrechtlawreview.org/ Volume 4, Issue 3 (December) 2008 57 Preparations to commit a crime The Dutch approach to inchoate offences Caroline M. Pelser * 1. Introduction Since in Western criminal justice systems emphasis has been placed on combating serious (organised) crime and terrorism, from way back reactive criminal law has been increasingly used for preventive aims. In combating these forms of crime, the emphasis is not placed on responding to committed offences, but on the thwarting thereof. For that reason, criminal law includes inchoate offences, which in essence are crimes of preparing or seeking to commit another crime. Inchoate offences permit law enforcement intervention before the intended substantive offence is completed. 1 In the last few years, inchoate offences have been expanded in most countries, partly because of national developments, partly in order to comply with agreements made in the transnational context of the European Union or the United Nations. Most countries of the European Union have by now satisfactorily implemented the EU’s Terrorism Framework Decision of 13 June 2002 and introduced offences of participating in a terrorist group, as well as linked offences and inciting, aiding and abetting and attempting terrorist offences. 2 New legislative modifications are foreseen, as the 1998 Joint Action on participation in a criminal organisation 3 will probably soon be replaced by a Council Framework Decision on the fight against organised crime, which has to be implemented within the substantive criminal law of the Member States, in order to approximate the definition of offences relating to participation in a criminal organisation....
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