test
Search publications, data, projects and authors

Free full text available

Article

French

ID: <

50|dedup_wf_001::8f0ff3620ca148338d9a681834339167

>

·

DOI: <

10.7202/1026921ar

>

Where these data come from

Abstract

There are two definitions of terrorism in Canada, one in penal matters and another in the field of immigration. Swiss law only charges the financing of terrorism. Contrary to Canadian law, Switzerland has opted for a general and abstract standard inspired by the International Convention for the Suppression of the Financing of Terrorism. Swiss law does not require that the terrorist act be committed for a political, religious or ideological purpose, objective or cause. This solution is preferable. However, the Swiss legislator has explicitly excluded the criminalization of dolus enventualis (recklessness). Canadian law allows, in this case, a wider possibility of incrimination more favourable to the implementation of penal law. Moreover, Swiss law only sanctions the financial support to a defined terrorist act, the Canadian law having in this case a wider and more adapted range of implementation. In Canadian law, the criminalization of the financing of terrorism could build itself on the following formulation: "Anyone who, directly or indirectly, provides or collects funds intending that they be used or knowing that they will be used in order to finance an act—or an entity that has as one of its purposes or one of its activities to carry out these types of acts—intended to kill or seriously injure a civilian, or any other person not taking an active part in the hostilities in a situation of armed conflict, if the purpose of that act, by its nature or context, is to intimidate the public, or to compel a government or an international organization to do or refrain from doing any act is guilty of an indictable offence and is liable to imprisonment for a maximal term of 10 years."

Your Feedback

Please give us your feedback and help us make GoTriple better.
Fill in our satisfaction questionnaire and tell us what you like about GoTriple!