Abstract
By analyzing the evolutionary process shown up theough the growth of the penal intervention and its total expansive extension in our thime, the penal doctrine proposes a number of instruments and new theoretical concepts.
We find among these utilized concepts destined to describe some domaiuns of concern of the penal imtervention by the new criminalizing texts what is called in the German terminology "the criminal law of enemy" {Feindstrafrechr}.
The most salient characteristics of this law consists in the fact that it is an exceptional law that imposes itself in a permanent way eithin the jurisical order in the sake of facing "the acts and persons whose goals and styles of organization are depicted as extremely dangerous". In the famework of this law the repressive measures and the tasks assigned to the police are of the first importance. Then the crime models are edicted in formulas and schemata so much tage that the penalizing qualification finds its applucation to simple preparatory acts and to those acts accomplished after the consumption of the delict and to ghe complicity regardless of the accomplishment of the principal delict. Moreover, ther is a tendency not to take into account neither the criminal responsibility based on the type of author and not on the accomplished act.
However, if the present practice proves that the penal law of enemy is far from being just a puerely philosophical or dogmatic idea and has become a real fact which domains of of application are in a growing multiplication and extension, it is clear that the mentioned law is lacking in legitimacy from the standpoint of the State of Law, and at the same time, and in what justicies its existence itself from the standpoint of the criminal policy
Recommended Citation
(2006)
"The Penal autoritarianism in its highest levels: the crimianl law of enemy- Dr. Abdelhafid Belkadi,"
UAEU Law Journal: Vol. 2006:
No.
26, Article 5.
Available at:
https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2006/iss26/5