The crime of depositing arms and possession of explosives for terrorist purposes: questions of application and delimitation with the common figures

Abstract

In this paper it is analyzed the special crime of stockpiling of weapons and explosives with a terrorist purpose in regard with other similar offences (illegal weapons possession, stockage of weapons and explosives, among others). The method used to get this target is to observe the legal nature of the criminal fact that shows the same wrongdoing that those other ones. Additionally, it is analyzed the legislative development of the article in force and the jurisprudence which interprets it. Finally, the research concludes that there is a relationship of joinder of criminal norms, but not a joinder of criminal offences. Otherwise it will be impossible to explain the high penalty of that wrongdoing. In support of this interpretation there are many specificities which define that penal wrong as abstract danger offence, of possession and iterative structure.