The “society of fear” and the terrorist discourse. Some considerations on the crime of spreading terrorist messages or slogans

Abstract

The legislative evolution in relation to the phenomenon of terrorism has determined the criminalization of behaviors consisting of mere acts of oral or written communication or speeches, slogans or expressions, which even indirectly could determine any of its potential recipients to commit crimes of terrorism. It is the crime of Provocation the commission of a crime of terrorism in its different modalities that is regulated in art. 579 CP. The problem lies in the fact that its specific configuration determines the unnecessariness of some of the sections, and the illegitimacy of others since the mere requirement of an indirect incitement that could potentially be suitable to determine others to commit crimes of terrorism, would imply the punishment of ideas, speeches or thoughts and the consequent violation of the fundamental right to freedom of expression. It will be necessary, therefore, to delimit the contours of both the specific criminal figures, as well as the essential content of the fundamental right.