Imprescriptibilidad y terrorismo: quo vademus?

Abstract

As is known, the June 23, 2010 was published in the Official Gazette of Law 5/2010, of 22 June, which amended the Organic Law 10/1995, of 23 November, the Criminal Code. In accordance with the provisions of the seventh Disposal, LO 5/2010, of June 22, came into force six months after its complete publication in the Official Gazette, that is, the December 23, 2010. One of the institutions of the General Part of the Penal Code was subject to more significant changes, with no less relevant practical consequences, was the statute of limitations.

Four are mainly the new developments in the art from the LO 5/2010. First, amending the scope of the applicability rule (art. 131.4 CP). Furthermore, it eliminates the limitation period of three years, to five years prescribed crimes they did three (art. 131, para. 4 CP). Third, we introduce a new rule for determining the limitation period in the event of insolvency of crime and related offenses (art. 131.5 CP) And finally, amends the interruption of prescription (art. 132.2 CP ). The following lines are intended to expose the fundamental features of the first of these new laws, and make some critical remarks about them. At the same will demonstrate how it is influencing populism and retributivist international criminal law in the scope of applicability clauses as provided in Art. 131.4 CP.