The subjective element of the crime of terrorist self-training (art. 575,2 of the Spanish Penal Code): a new interpretation

Abstract

The current interpretation of the first purpose of the subjective element of the crime of terrorist self-training (art. 575.2 CP) is one of the main controversies of such criminal offence. Interpreting it as “indoctrination” and not as “training” puts at risk not only political-criminal principles, but also fundamental rights such as the right to freedom of ideology, thought and religion (art. 16 CE). Thus, this crime has put in doubt the Criminal Law of the Fact and the

Criminal Law of guarantees, positioning itself as an example of Criminal Copyright Law and, therefore, a Criminal Law

of the Enemy