The Judgment of the Constitutional Court 35/2020, in the Strawberry case, one more step, although not the final, towards the disappearance of the crime of enlargement of terrorism

Authors

  • Ana Valero Heredia Universidad de Castilla-La Mancha

DOI:

https://doi.org/10.18042/cepc/redc.122.11

Abstract

The legislative configuration of the crime of glorification of terrorism of article 578 of the Penal Code and of its judicial application, seem to be contrary to several doctrines firmly coined by the Spanish Constitutional Court and by the European Court of Human Rights in many cases. These include the doctrine of chelling effect and that of the real danger. This is a study of said doctrines based on the recent and important Judgment of the Spanish Constitutional Court 35/2020, in the Strawberry case.

Published

2021-08-17

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES