Crimes of Terrorism Act | National Coordinator for Counterterrorism

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Crimes of Terrorism Act

The Crimes of Terrorism Act entered into force on 10 August 2004.

Under this Act, recruiting for the jihad or conspiring to commit a serious terrorist crime will constitute separate criminal offences. In addition,  the maximum custodial sentences for offences such as manslaughter, serious assault, hijacking and abduction will be higher if they are committed with a terrorist aim. In most cases, the maximum sentence will be increased by 50 per cent. For offences that are liable to a maximum custodial sentence of fifteen years, the sentence will be increased to life imprisonment or a maximum of twenty years. The act thereby implements the EU framework decision on combating terrorism.

Recruiting for the jihad has been made a criminal offence in an amendment to Article 205 of the Criminal Code. This makes it possible to impose a sentence even if it is unknown at the time whether the person who was recruited is actually willing to participate in the armed struggle as part of an organisation. The maximum sentence will be increased from one year to four years.

Furthermore, conspiring to commit terrorist crimes will be made a separate offence in order to make it easier to take action under the criminal law against terrorist networks and movements that operate in loose and changing associations. The aims of this measure are twofold: to punish and combat terrorism as effectively as possible, and to facilitate international cooperation, including mutual legal assistance, in the war against terrorism.

To obtain a conviction for conspiracy it must be proved that two or more persons (including the defendant) agreed to commit a serious terrorist crime. Evidence to this effect may be based on statements made by the parties who entered into the agreement, but also on statements made by witnesses or intercepted telephone conversations. A person may be convicted of conspiracy regardless of whether or not the crime was actually committed.

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