The "terrorist" in criminal law: for a intercultural criminal politics

Abstract

In the modern history of Western Civilisation, the term “terrorism” has been used without the appropriate care, making it a very vague and diffuse one. On the other hand, a more precise concept –which is similar to the partisan described by Carl Schmitt- is proposed than the one used by the media and the governments. And also is offered a non special treatment to the acts executed by subversive armed forces because their acts are no different to common felonies and States frequently give them a special characteristic to use the «Enemy’s Criminal Law» to normalise populations. Finally to legitimate an exceptional use of Criminal Law over terrorism and environment of dialogue and tolerance is suggested.