Risk-Oriented Criminal Law in the Realm of Terrorist Crimes

Today, terrorism is considered as one of the main challenges for the security of societies. By carrying out violent terrorist behaviors, terrorists actually have a high criminal capacity and talent on the one hand, and on the other hand, they have the ability to commit violent behaviors. Committing numerous terrorist crimes has caused the risk-orientating of criminal policy-makers in the field of crime control and a paradigm shift in criminal law. In other words, the dangerousness of terrorists, especially religious terrorists, has caused the suspicion of criminal policymakers and their lack of confidence in the reformation and treatment of this category of criminals. In the risk-oriented approach, the goal is to provide social defense by eliminating the perpetrators of terrorist crimes as “others” who are not “us” and are dangerous to citizens. Thus, the spread of the culture of crime control and repression under the pretext of providing security, the context of moving away from the rule-based criminal justice system and the development of the extreme form of the social defense school in the form of providing the defense of the society through dehumanization, caution and preemption and the others in various forms, such as security measures, indeterminate punishment, rehabilitation and finally post-punishment monitoring are the results of the risk-oriented approach of substantive criminal law against terrorism.