The Impact of EU's Counter-Terrorism Strategy on Presumption of Innocence and Proportionality Principle

1. The impact of the EUs counter terrorism strategy for the presumption of innocence and the proportionality principle 26 June 2017

2. Travellingfor terrorist purposes 26 June 2017 | Travellingfor Terrorist Purposes

3. Travellingfor terrorist purposes 26 June 2017 | Travellingfor Terrorist Purposes Artikel 9.2.a Directive Each Member State shall take the necessary measures to ensure that one of the following conducts is punishable as a criminal offence when committed intentionally travelling to that Member State for the purpose of committing, or contributing to the commission of, a terrorist offence as referred to in Article 3, for the purpose of the participation in the activities of a terrorist group with knowledge of the fact that such participation will contribute to the criminal activities of such a group as referred to in Article 4, or for the purpose of the providing or receiving of training for terrorism as referred to in Articles 7 and 8; or

4. Travellingfor terrorist purposes 26 June 2017 | Travellingfor Terrorist Purposes Sanction Recommendation Punishability

5. Travellingfor terrorist purposes 26 June 2017 | Travellingfor Terrorist Purposes Sanction Recommendation Punishability Itercriminis Vision Standards Attempt Withdrawal

6. Travellingfor terrorist purposes 26 June 2017 | Travellingfor Terrorist Purposes Sanction Recommendation Punishability The pathbetweentheconception of theoffence and the ultimate completionthereof Itercriminis Vision Sanction window Standards Completion of the terrorist offence Conception | idea to commit an offence Preparatory acts leading up to the offence Start of execution = externalising intent Attempt Withdrawal Is “travelling” a “start of execution”?

7. Travellingfor terrorist purposes 26 June 2017 | Travellingfor Terrorist Purposes Sanction Recommendation Punishability Objectivismvssubjectivism Clarity of intent: what, where, how, withwhom … Itercriminis Vision Standards ? Attempt Withdrawal Inacceptable gap?

8. Travellingfor terrorist purposes 26 June 2017 | Travellingfor Terrorist Purposes Sanction Recommendation Punishability International minimum standards UN – RES 2178 (2014) CoE – Additional Prot ETC (2015) EU – Directive (2017) “in proportionwiththe nature and circumstances of theoffence” “taking account of theproportionalityprinciple” “taking account of thepresumption of innocence” Itercriminis Vision Standards Attempt Withdrawal

9. Travellingfor terrorist purposes 26 June 2017 | Travellingfor Terrorist Purposes Sanction Recommendation Punishability Example: Art. 410 sexies Belgian Criminal Code […] shall be punished with imprisonment of 5 to 10 years and with a financial penalty of one hundred to five thousand euro 1° every person leavingthe national territory with the intentionto commit, in Belgium or abroad, one of the offences listed in articles […] 2° every person entering the national territory with the intentionto commit, in Belgium or abroad, one of the offences listed in articles […] ? Itercriminis Vision Standards Attempt Withdrawal

10. Travellingfor terrorist purposes 26 June 2017 | Travellingfor Terrorist Purposes Sanction Recommendation Punishability Desirability of extentingto “Attemptinganattempt”? Itercriminis Vision Sanction window Standards Completion of the terrorist offence Completion of the terrorist travel Conception | idea to commit an offence Preparatory acts leading up to the offence Start of execution = externalising intent Attempt Withdrawal When does one start with the execution of “travelling for terrrorist purposes”?

11. Travellingfor terrorist purposes 26 June 2017 | Travellingfor Terrorist Purposes Sanction Recommendation Punishability Significant limitation of “ Spontanious Withdrawal” Itercriminis Vision Spontanious Withdrawal Sanction window Standards Completion of the terrorist travel Conception | idea to commit an offence Preparatory acts leading up to the offence Start of execution = externalising intent Attempt Withdrawal What is the use of changing your mind?

12. Travellingfor terrorist purposes 26 June 2017 | Travellingfor Terrorist Purposes Sanction Recommendation Punishability Attempt Choice Standards

13. Travellingfor terrorist purposes 26 June 2017 | Travellingfor Terrorist Purposes Sanction Recommendation Punishability Objectivism (facts) Subjectivism (person) Art. 398 BCCAssault and injury Attempt subjectivism Choice 3 3 Sanction Standards objectivism 2 Sanction window Completion of the terrorist offence Start of execution = externalising intent

14. Travellingfor terrorist purposes 10 26 June 2017 | Travellingfor Terrorist Purposes Sanction Recommendation Punishability Proportionality Art. 140 sexies BCC Terrorist Travelling Art. 398 BCCAssault and injury 5 Attempt subjectivism Choice 3 3 Sanction Standards objectivism 2 Sanction window Completion of the terrorist offence Start of execution = externalising intent

15. Travellingfor terrorist purposes 10 26 June 2017 | Travellingfor Terrorist Purposes Sanction Recommendation Punishability Proportionality Art. 140 sexies BCC Terrorist Travelling Art. 398 BCCAssault and injury Extradition or Surrender 5 Attempt subjectivism Choice 3 3 Sanction Standards objectivism 2 Sanction window 1 1 Completion of the terrorist offence Start of execution = externalising intent

16. Travellingfor terrorist purposes 26 June 2017 | Travellingfor Terrorist Purposes Sanction Recommendation Punishability 10 ? 5 3 3 2 1 1 “Absurd disproportionality in the national sanction scales should be dealt with and could be linked to the development of an EU framework for attempted offences “Dare to question the punishability of travelling without detailed information about the intent”