COMMISSION STAFF WORKING DOCUMENT Accompanying the document Report from the Commission to the European Parliament and the Council on the implementation of Council Framework Decision 2008/919/JHA amending Framework Decision 2002/475/JHA on combating terrorism
Date: 2014-09-05
Institutions: European Commission
Subjects: application of EU law, approximation of laws, fight against crime, fundamental rights, offence, rule of law, terrorism













EUR-Lex - 52014SC0270 - EN











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52014SC0270

COMMISSION STAFF WORKING DOCUMENT Accompanying the document Report from the Commission to the European Parliament and the Council on the implementation of Council Framework Decision 2008/919/JHA amending Framework Decision 2002/475/JHA on combating terrorism









Overview
of the legislative measures adopted by Member States to transpose the three new
offences introduced by the 2008 Framework Decision

1.                      
Public provocation as defined in Article
3(1)(a) of the 2002 Framework Decision as amended by the 2008 Framework Decision

Article
3(1)(a) defines public provocation as follows: ‘public provocation to commit
a terrorist offence’ shall mean the distribution, or otherwise making
available, of a message to the public, with the intent to incite the commission
of one of the offences listed in Article 1(1)(a) to (h), where such conduct,
whether or not directly advocating terrorist offences, causes a danger that one
or more such offences may be committed;…’
Belgium:
Direct incitement to commit a terrorist offence was already a criminal offence under
the general provisions of Belgian criminal law, in particular Article 66(3) of
the Criminal Code. The new law of 18 February 2013 introduced Article 140bis into
the Criminal Code, criminalising any person distributing or otherwise making
available a message to the public, with the intent to incite the commission of
terrorist offences as defined in Article 137 (excluding threats to commit
terrorist offences), where that message (whether or not directly advocating
terrorist offences) causes a danger that one or more such offences may be
committed.
Bulgaria: Public
provocation is an offence under Article 320(1) of the Bulgarian Criminal Code.
Public provocation is defined as openly inciting the perpetration of a crime
by preaching before many people, by distributing
printed works or by any other similar means. This provision is not limited to
terrorist offences, but refers to crimes in general. In addition, Article
320(2) of the Criminal Code, a new provision, more specifically criminalises any
person who openly abets the perpetration of a terrorist offence as defined in
Article 108a(1).
The Czech Republic: Section
311(2) of the Czech Criminal Code extends the provisions applying to perpetrators
of terrorist attacks to those who threaten to commit or publicly provoke others
to commit such acts and to those who support terrorist actions financially,
materially or in any other way. An act of provocation must be performed
publicly, i.e. via the press or other distributed text, film, radio, TV,
publicly accessible computer network or other method. The concept of public
provocation is broader than the general ancillary offence of instigating a
crime. Whereas instigation must be addressed to a concrete group of potential
future offenders, public provocation under this provision can be indirect, i.e.
can be addressed to an unknown and general group of addressees. In addition,
the criminal responsibility for provocation arises independently of the
terrorist attack being committed or attempted, again, unlike an ancillary
offence to a terrorist attack.
Denmark: Section
136(1) of the Danish Criminal Code is an existing provision that criminalises,
in general terms, public incitement to commit a criminal offence. Section
136(1) is understood to have been applied for the first time since 1938 in 2007,
in the case against the Danish-Moroccan Said Mansour. In addition to his
conviction under Sections 114 and 114b of the Criminal Code for promoting
terrorist activities, he was convicted under Section 136(1) for public
incitement to commit a criminal offence and Section 266b on hate speech. He was
accused of having produced and distributed materials that explicitly called for
militant jihad, by depicting known terrorists and celebrating suicide bombings
and the killing of innocent hostages. The production and distribution of the materials
was considered to constitute incitement to commit terrorist acts.
In addition, Section
136(2) relates to public approval of a crime against the State (making
reference to the terrorist offences in Chapter 13 of the Danish Criminal Code).
Germany:
Section 91(1)(1) of the German Criminal Code (on encouraging the commission of
a serious violent offence endangering the State) criminalises any person who
displays or supplies to another person written material (as defined in Section
11(3)) that, in view of its content, could serve as instruction for the
commission of a serious violent offence endangering the State (as defined in Section
89a(1)), if the circumstances of its dissemination are conducive to awakening
or encouraging the preparedness of others to commit such an offence. Section
11(3) of the Criminal Code clarifies that the reference to written material
includes data storage media. This provision refers to Section 89a(1) for the
meaning of ‘serious violent offences endangering the State’. As a result, it will
not necessarily cover provocation to commit all of the offences listed in
Articles 1(a) to (h) of the 2002 Framework Decision.
In addition, Section
91(1)(2) criminalises any person who obtains written material for the purpose
of committing a serious violent offence endangering the State.
Estonia: Section
237/2(1) of the Estonian Criminal Code criminalises public incitement to commit
a criminal offence, including a terrorist offence as defined in Section 237.
Ireland:
Public provocation to commit a terrorist offence has not yet been criminalised.
Section 6A(1) of the Criminal Justice (Terrorist Offences) (Amendment) Bill
2012 criminalises any person who, acting from within or outside of Ireland,
distributes, or otherwise makes available, a message to the public, with the
intent to encourage, directly or indirectly, the commission of an offence under
Section 6(1) (terrorist activity or terrorist-linked activity), irrespective of
whether an offence has actually been committed.
Greece:
n.a.
Spain:
Article 579(1), first sub-paragraph of the Spanish Criminal Law as amended in
2010 criminalises provocation, conspiracy and incitement to commit terrorist
offences (as defined in Articles 571 to 578). In addition, Article 579(1), second
sub-paragraph, criminalises the distribution or public diffusion by means of
messages or slogans intended to provoke, encourage or favour the commission of
any of the felonies specified in the chapter on terrorist groups and terrorist
offences (Articles 571 to 580), or to create or increase the risk of their
being committed.
In addition, Article
578 of the Spanish Criminal Code, as amended in 2010, criminalises the apology
or justification, by means of public expression or dissemination of materials, of
the felonies included in Articles 571 to 577 of the Criminal Code, and acts
that entail the discredit, contempt or humiliation of victims of terrorist
offences or their relatives.
France:
Dissemination of public messages inciting crimes is an offence under Article 23
of the 1881 Act on the freedom of the press. Article 23 was modified in 2004 to
explicitly criminalise the dissemination of messages via the internet: ‘Any
person who directly incites the perpetrator or perpetrators of an act characterised
as a felony or misdemeanour, by making speeches, shouting or making threats in
a public place or place of assembly, or through writing, drawings, engravings,
paintings, symbols, images or any other form of written, spoken or printed
material sold or distributed, put on sale or on display in a public place or place
of assembly, on placards or posters displayed for public view, or through any
other means of communication with the public using electronic media, shall be considered
an accessory to the act, where such incitement is acted upon.’ This
provision explicitly covers only direct provocation, and provocation is only an
offence if the incitement is acted upon (i.e. if a terrorist act is at least
attempted, as explicitly clarified in Article 23). Article 24 of the same law
covers situations where the provocation is not acted upon, but it still
requires direct provocation.
Croatia:
The Croatian Criminal Code was amended in 2008 and again in 2013 to include new
provisions on the act of publicly instigating terrorism and on recruitment and training
for terrorism. Article 99 of the Criminal Code criminalises any person who
publicly puts forward ideas which directly or indirectly encourage the
commission of an offence, including those offences referred to in Article 97
(terrorist offences) and Article 98 (financing of terrorism).
Italy:
The Italian Criminal Code does not
define public provocation to commit a terrorist offence as a specific criminal
offence. Article 302 of the Italian Criminal Code establishes a general offence
of inciting a person to commit any of the offences mentioned in chapters one
and two of the same title of the Criminal Code. These include: promoting,
directing or supporting an association which pursues terrorist objectives and providing
assistance to those involved in the association (Articles 270bis and ter), attacks
motivated by terrorist aims (Article 280), and kidnapping as a means of
pursuing terrorist aims (Article 289bis). The new offences of recruitment and
training for terrorism are also included, meaning that incitement to recruit or
train is an offence (although this is not required under Article 4 of the 2002
Framework Decision as amended by the 2008 Framework Decision). Article 302 is a
general provision on incitement to commit a crime and requires ‘incitement’ and
not simply ‘the intent to incite’, as required by the definition of public
provocation given in Article 3(1)(a) of the 2008 Framework Decision. This
Article would therefore appear to cover only direct and not indirect
provocation.  
Cyprus:
Article 12 of the 2010 law on combating terrorism, on the dissemination of
terrorist material, defines public provocation as the distribution or
dissemination by any other means of messages to the public, with the aim of
inciting the commission of a terrorist offence. It criminalises attempts to
distribute material or to make material available to the public by other means,
where this would create a risk of a terrorist offence being committed, irrespective
of whether such an offence has actually been committed.  
Latvia:
Section 88/2 of the Latvian Criminal Code as amended in 2007 on incitement to terrorism
and terrorist threats, criminalises any person who publicly incites others to or
threatens to themselves commit an act of terrorism, where there are grounds for
believing that such an act may be committed.
Lithuania:
Article 250(1) of the Lithuanian Criminal Code criminalises any person who, by
making public declarations verbally, in writing or in the media, promotes or
incites an act of terrorism or any other crime related to terrorism, or
expresses contempt for victims of terrorism.
Luxemburg:
Public provocation to commit a terrorist offence is defined in Article 135(11)
of the Luxemburg Criminal Code, introduced by the law of 26 December 2012 on
the prevention of terrorism, as the distribution or otherwise making available
of a message to the public, with the intent to incite the commission of a
terrorist offence, where such conduct, whether or not directly advocating
terrorist offences, causes a danger that one or more such offences may be
committed.
Article 135(14) clarifies that penalties will be
applied even if the terrorist act in question has not been committed.
Hungary:
In 2013, Hungary amended Article 315 of its Criminal Code and introduced the
offence of public provocation to cover preparatory activities that could lead
to a terrorist offence being committed, such as instigating any of the criminal
acts defined in Articles 314(1) and (2) of the Criminal Code. Article 315
distinguishes between two types of criminal acts, those to be committed by an individual
and those to be committed as part of the activities of a terrorist group.
Malta:
Article 328C(2)(a) of the Maltese
Criminal Code criminalises any person who knowingly publicly provokes the
commission of an act of terrorism (as defined in Article 328A). This Article
was introduced as part of Subtitle IVA ‘Of Acts of Terrorism, Funding of
Terrorism and Ancillary Offences’, introduced by the Criminal Code (Amendment)
Act of 2005. 
The Netherlands: Article 83b of the Dutch Criminal Code,
introduced in 2009, defines preparatory acts for the commission of terrorist
offences. These include public incitement and public provocation, in accordance
with Articles 131 and 132, which set out penalties for these offences. The
amendments to the Criminal Code enacted in 2009 increased the fine which can be
imposed for both public provocation and incitement, in cases where the
objective is to facilitate the commission of a terrorist offence (as defined in
Article 83). Article 131(1) of the Dutch Criminal Code states that a person who,
verbally, in writing or using pictures, openly incites others to commit any
offence or act of violence against the public will be served with a prison
sentence of a maximum of five years or a fourth-category fine. Article 131(2),
as amended in 2009, increases this penalty by one third if the person was found
to have incited others to commit a terrorist offence or to have prepared or
facilitated a terrorist offence. Article 132(1) requires that any person who
openly and publicly distributes material inciting any other person or persons
to commit any criminal offence against the public be served with a prison
sentence of a maximum of three years or a fourth-category fine. Article 132(2)
states that the same penalty will apply to any person who openly and knowingly
distributes material, in which the message could be reasonably suspected to
constitute general provocation. Article 132(3), as amended in 2009, increases
this sentence by one third if the person was found to have disseminated material
inciting others to commit terrorist offences or to facilitate or prepare
terrorist offences. 
Austria:
In 2011, new offences of public provocation to commit a terrorist offence and the
approval of terrorist acts were introduced in Section 282a of the Austrian
Criminal Code. Austria had already criminalised provocation to commit a
criminal offence and the endorsement of criminal acts (under Section 282) and sedition
(under Section 283), thus making it an offence to incite or endorse a hostile
act against certain groups (e.g. religious, racial or ethnic groups) in a way
which might endanger public order. Section 282a(1) criminalises any person who publicly
incites the commission of a terrorist act, as defined in Section 278c(1), if this
conduct is not covered by provisions on participation in terrorist offences.
Section 282a(2) criminalises any person who publicly expresses approval of a
terrorist act, in a manner that is likely to create a risk that one or more
such acts will be committed. The reference to ‘publicly’ requires that the message
of incitement or approval is available to a significant number of people
(around 30 or more) but does not require any specific number of people to have actually
accessed the message. According to the Austrian authorities, the provocation does
not have to relate to an individually specified terrorist act or activity. General
provocation to commit terrorist offences is sufficient for these provisions to
apply.
Poland:
Article 255 of the Polish Criminal Code criminalises public provocation to
commit an offence or a crime. This provision appears to cover a wider range of behaviour
than the provisions on incitement in general (see e.g. Article 18 of the Polish
Criminal Code), which apply to direct provocation or incitement only. Article
255a criminalising the public provision and dissemination of material that
could facilitate the commission of an offence of a terrorist nature was
introduced into the Polish Criminal Code in 2011. It appears to apply to
situations where a perpetrator liaises with unidentified persons via the
Internet with the intention of facilitating terrorist offences.
Portugal:
The 2011 amendments to the Portuguese Law on Counterterrorism established three
new offences, one of which was public provocation to commit a terrorist
offence. Public provocation to commit a crime, more generally, was already an
offence under Article 297 of the Portuguese Criminal Code, but only where the
provocation related to the perpetration of a specific crime. Provocation to commit
terrorist crime more generally was not covered by that provision, and it was therefore
necessary to draw up a separate provision criminalising provocation in cases
where no specific crime has been determined. Accordingly, Article 4(3) of the Law
on Counterterrorism criminalises any person who, with terrorist intent, makes
available to the public a message inciting the commission of the acts set out
in Section 1 of Article 2 of that same law.
Romania:
Act 187/2012, amending Law 535/2004 on preventing and combating terrorism,
entered into force on 1 February 2014, and introduced a new provision
criminalising the dissemination of terrorist propaganda. Article 33˄2(4)
criminalises any form of public promotion of a message by means of propaganda,
with the intention of instigating the commission of any of the crimes listed under
Articles 32(1) and (3) and 33(1) and (2)(e), irrespective of whether the
message promotes terrorism directly or indirectly and of whether the crime has
actually been committed. The term ‘by means of propaganda’ is defined in the
law as the systematic dissemination, or the celebration or glorification, of
certain ideas, concepts or doctrines, with the intention of convincing and
attracting new followers. This new provision covers not only public provocation
to commit terrorist offences (as defined in Article 32), but also public
provocation to train or be trained to commit terrorist offences (as defined in Articles
33(1) and (2)).
Slovenia:
In 2008, Slovenia amended its Criminal Code to introduce a new offence of
incitement and public glorification of terrorist activities. Article 110(1)(1)
of the Criminal Code
criminalises any person who incites another person
or persons to commit criminal offences under Article 108 (terrorist offences) by
disseminating messages or making them available in some other manner with the
intention of promoting terrorist offences and thus causes a danger that one or
more such criminal offences may be committed. In addition, Article 110(1)(2)
criminalises any person who directly or indirectly publicly glorifies or
advocates terrorist offences (under Article 108) or publicly incites another
person or persons to commit terrorist acts.
Slovakia:
Section 419(2)(c) of the Slovakian Criminal Code, as amended in 2010,
criminalises the public provocation to commit terrorist offences, as defined
under Section 419(1), by advocating or justifying the commission of such
offences, and thus creating the risk of such an offence being committed.
Finland:
Chapter 34a Section 1(2) of the Finnish Criminal Code, as amended in 2007,
criminalises any person who, with terrorist intent and in a manner that is liable
to cause serious harm to a State or to an international organisation, intentionally
publicly incites any of the offences referred to in Chapter 17 Section 1.
Chapter 17 Section 1 defines public incitement as the incitement of a person, via
mass media, by publicly addressing a crowd or in a generally published written
or other form, to commit an offence, thus causing a danger that the offence is
committed or attempted , or that public order or security is clearly endangered
in any other way.
Sweden:
In 2010, Sweden introduced an Act on criminal responsibility for public
provocation, recruitment and training relating to terrorist offences and other
particularly serious crimes. Section 3 of the Act criminalises public
provocation, which it defines as, in a message to the public, urging or
otherwise attempting to entice people to commit particularly serious crimes (as
defined in Section 2 of the Act, including terrorist offences).
The United Kingdom: Section 1 of the Terrorism Act 2006
introduced the offence of encouragement of terrorism. This includes the
publication of statements that are likely to be understood as direct or
indirect encouragement or other inducement to the commission, preparation or
instigation of acts of terrorism or other specified offences (Section 1(1)).
The publisher must either intend, or be reckless as to whether members of the
public will be directly or indirectly encouraged by the statement (Section
1(2)). This offence also covers encouragement by praising events which occurred
in the past or in other countries (Section 1(3)(a)).  
These provisions cover
any statement that indirectly encourages or induces the commission or
preparation of acts of terrorism or the other offences specified, irrespective
of whether such offences are actually committed. Members of the public must however
be reasonably expected to infer from the statement that what is being glorified
should be emulated (Section 1(3)). How a statement is likely to be understood is
determined with regard both to its content and to the circumstances of its
publication (Section 1(4)). Section 1(5) lists circumstances which are
irrelevant, such as whether the encouragement relates to one or more terrorist
offences of a particular description or offences generally, or whether or not a
person was actually encouraged to commit a terrorist offence. Section 1(6) provides
for a specific defence against an allegation of recklessly publishing a
statement. This is available to a defendant if his or her statement did not
represent his or her view and did not have his or her endorsement. The
evidential burden is placed upon the defendant. Section 3 of the Terrorism Act
2006 explicitly includes encouragement communicated over the internet.
The UK provisions seem to require a lower threshold than the 2008 Framework Decision, in that
they do not limit public provocation to cases where the perpetrator intended to
provoke an offence, but also cover cases where he or she was merely reckless. They
not only criminalise the act of encouraging another person or persons to commit
or instigate acts of terrorism, they also criminalise the act of encouraging
them to prepare such acts.
Public provocation may
also be covered by Section 2 of the Terrorism Act 2006 on dissemination of
terrorist publications. This provision criminalises the dissemination of
terrorist publications, where this comprises the distribution, selling or
lending of such publications, enabling others to obtain, read, listen to or
look at such publications, transmitting such publications electronically or having
such publications in one’s possession with a view to making them available to
others (Section 2(2)). This behaviour constitutes an offence either if
committed with the intent to directly or indirectly encourage or induce the
commission, preparation or instigation of acts of terrorism or the provision of
assistance in the commission or preparation of such acts, or if committed
recklessly (Section 2(1)). A terrorist publication is defined as either: a
publication the content of which is likely to be understood, by some or all of
the persons to whom it is or may become available, as a direct or indirect
encouragement to commit, prepare or instigate acts of terrorism; or a
publication the content of which would be useful in the commission or
preparation of such acts and would be understood, by some or all of those
persons, in the form in which it is presented  in the publication, or made
available to them, as being wholly or mainly for the purpose of being so useful
to them (Section 2(3)). The law also clarifies what is meant by indirect
encouragement, namely the glorification of the commission or preparation
(whether in the past, in the future or generally) of a terrorist act or acts,
where the addressee could reasonably be expected to infer that what is being
glorified is being glorified as conduct that should be emulated by him or her
in existing circumstances (Section 2(4)). Section 2(7) and (8) refer to
circumstances which are irrelevant, such as: whether encouragement relates to
the commission, preparation or instigation of one or more particular acts of
terrorism, of acts of terrorism of a particular description or of acts of
terrorism generally; and whether or not the conduct in question did actually
encourage or induce a person to commit, prepare or instigate acts of terrorism,
and, in the case of the dissemination of terrorist publications, whether the
person actually made use of the publication in the commission or preparation of
acts of terrorism. Where a person is accused of reckless dissemination of
terrorist publications, Section 2(9) provides for a specific defence. He or she
must show that the publication in question neither expressed his views nor had
his endorsement. 

2.                      
Recruitment for terrorism as defined in Article
3(1)(b) of the 2002 Framework Decision as amended by the 2008 Framework
Decision

Recruitment
for terrorism is defined in Article 3(1)(b) as ‘soliciting another person to
commit one of the offences listed in Article 1(1)(a) to (h), or in Article 2(2)’,
i.e. to solicit another person to commit one of the terrorist offences or one
of the offences related to the activities of a terrorist group (including
directing or financing the group).
Belgium:
Article 140ter of the Belgian Criminal Code, as amended in 2013, criminalises
the act of recruiting a third person to commit a terrorist offence, defined as
any of the offences listed in Article 137, except the threat to commit a
terrorist act, or the offence of taking part in the activities of a terrorist
group, as referred to in Article 140.
Bulgaria: Article
108a(3) of the Bulgarian Criminal Code criminalises any person who recruits
individuals or groups of people for the purpose of committing a terrorist
offence, as defined in Article 108a(1). Recruitment for participation in and
financing of a terrorist group would appear not to be covered by this Article,
as participation in and financing of a terrorist group are defined as offences in
Article 109, which is however not mentioned in Article 108a(3) of the Bulgarian
Criminal Code.
The
  Czech Republic:
The Czech authorities take the view that Section 311(2)
of the Czech Criminal Code could cover recruitment for terrorism. This
provision criminalises any person who supports terrorists, terrorist groups or
terrorist actions financially, materially or in any other way. Although the
provision is formulated broadly, it is not entirely clear whether it could be
interpreted in such a way as to criminalise the act of soliciting another
person to commit terrorist offences or to support a terrorist group, in cases
where no specific terrorist act had yet been defined. As an alternative, the Czech
authorities consider that recruitment could be prosecuted under Section 311(1),
applied in combination with general rules on preparation (Section 20) and participation
(Section 24). The concept of preparation covers conspiratorial behaviour and
other forms of aiding and abetting terrorist activities, irrespective of
whether the terrorist act in question has been committed or attempted. It is
not entirely clear, however, whether recruitment would be regarded as
preparation and whether this behaviour would therefore constitute an offence if
the terrorist act in question had not been committed. A person involved in
recruitment for terrorism could be considered (and prosecuted) as an ‘organiser’
under Section 24 of the Czech Criminal Code. An organiser`s role in criminal
activity is defined as including the identification of individuals who could
potentially commit future terrorist offences. It is, however, doubtful whether
this provision would apply in cases where the terrorist offence in question had
not yet been committed or attempted.
Denmark: Denmark
introduced new provisions on recruitment for terrorism in its 2006 anti-terror
package. Section 114c(1) of the Danish Criminal Code criminalises any person
who recruits another person to commit or facilitate any of the terrorist
offences specified in Sections 114  and 114a  or to join a group or association
in order to facilitate that the group or association to commit acts of this
nature. Section 114c(2) criminalises any person who recruits another person to
commit or facilitate any of the offences specified in Section 114b (offences
involving financing of terrorism but not linked to specific terrorist offences)
or to join a group or association in order to facilitate the group or
association to commit acts of this nature.
Section
114c(3) of the Criminal Code also criminalises the act of allowing oneself to
be recruited.
Germany:
Recruitment for terrorism is covered by two different
provisions: the general provision on conspiracy (Section 30(1) of the German
Criminal Code) and the provision on the recruitment of members or supporters to
a terrorist organisation (Section 129(a)(5) of the German Criminal Code).
Section
30(1) sets out provisions on attempted felonies, criminalising any person who
attempts to induce another person to commit a felony or to abet another person
in committing a felony. To the extent that terrorist offences to be committed
do not qualify as a felonies (this is the case for sabotage offences laid down
in Sections 316b and 317 of the Criminal Code which do not foresee a minimum
sanction of one year imprisonment), recruitment is however not punishable.
Section
129a(5) criminalises any person who recruits members or supporters for a group
of the type described in subsections (1) and (2).
Estonia:
Section 237/2(1) of the Estonian Criminal Code
criminalises the recruitment of another person for the commission of a criminal
offence as defined in Section 237. This means that recruitment for the
commission of terrorist offences is covered, but that recruitment to provide
support to a terrorist organisation would seem not to be, as providing support
to a terrorist organisation is defined as an offence under Section 237/1 rather
than Section 237.
Ireland:
Section 6B(1) of the proposed Criminal
Justice (Terrorist Offences) (Amendment) Bill 2012 criminalises any person who,
from within or outside of Ireland, recruits or attempts to recruit another
person for the purposes of engaging in terrorist activity or terrorist-linked
activity. The reference to terrorist activity and terrorist-linked activity are
defined in Schedule 2 to the Criminal Justice (Terrorist Offences) Act 2005 and
do not appear to include supporting or financing a terrorist group. It is not therefore
clear whether the proposed provision covers recruitment to a terrorist group
and recruitment to financially support a
terrorist group.
Greece:
n.a.
Spain:
Section 576(3) of the Criminal Code as amended in 2010
criminalises any person who carries out any activity to recruit, indoctrinate,
train or induct others with the aim of them joining a terrorist organisation or
group, or committing any of the offences specified in the chapter on terrorist
organisations and terrorist offences (Articles 571 to 580). Referring to all the
offences in this chapter ensures that Section 576(3) covers recruitment to
commit terrorist offences and recruitment to join a terrorist group or support
such a group, e.g. by providing funding.
France:
Recruitment of terrorists could be covered as a form
of participation in a terrorist group or as part of an understanding
established with a view to carrying out terrorist offences (as defined in the
preceding provisions, Articles 421-1 and 421-2) under the existing offence of conspiracy
(“association des malfaiteurs”) criminalised, in the specific case of
terrorist offences, under Article 421-2-1. The French authorities are
understood to take the view that recruiting a person to become part of a
terrorist group or party to an ‘understanding’ can be regarded as participation,
in the sense that it is used in this provision. Recruiting a person to commit a
terrorist offence would not, however, appear to be covered by this provision if
no established group or ‘understanding’ is involved.
In
2012, France introduced Article 421-2-4 into its Criminal Code. This provision makes
it an offence to offer or promise gifts, presents or any other benefit, to
threaten or to pressure a person to participate in any offence specified in Article
421-2-1 or to commit any terrorist act specified in Articles 421-1 and 421-2. It
criminalises recruitment for terrorism (where this includes both participation in
a group and commission of terrorist activities) even when recruitment does not in
fact lead to a terrorist offence being committed. Although the actions
described in this provision are all possible ways and means to recruit a
person, this list of actions could also be considered to unduly limit the scope
of the provision, as there could be other ways of soliciting a person to commit
a terrorist act or join a terrorist group not included here. The fact that the
provision refers only to Articles 421-1 and 421-2, but not to Articles 421-2-1
(conspiracy) or 421-2-2 (financing of terrorist groups), would appear to imply
that it only covers recruitment to commit terrorist offences and not recruitment
to a terrorist group.
Croatia:
The Croatian Criminal Code, as amended in 2008 and
again in 2013, includes new provisions on public instigation to terrorism and recruitment
and training for terrorism. Recruitment for terrorism is criminalised under
Article 100 of the Criminal Code and covers both, soliciting another person to
commit or participate in the commission of an act of terrorism as defined in Article
97, and soliciting another person to join a terrorist group with the intent of
contributing to the commission of terrorist offences as defined in Article 102.
Italy:
Article 270quater, introduced into the Italian
Criminal Code in 2005, criminalises the conduct of any person who except for
the cases set forth in Article 270bis (governing the offence of participating
in the activities of a terrorist group), recruits one or more individuals to
commit acts of violence or sabotage of essential public services, for the
purpose of terrorism, even if directed against a foreign State. Unlike in the
case of conspiracy, recruitment of potential terrorists is considered an
offence irrespective of whether there is proof of a specific associative agreement.
The fact that this provision refers only to acts of violence or sabotage of
essential public services makes it doubtful whether this provision covers
recruitment for the commission of all of the terrorist acts listed in Articles
1(1)(a) to (h) and the offences related to a terrorist group as defined in
Article 2(2) of the 2002 Framework Decision.
Cyprus:
Recruitment could be covered by Article 13 of the
2010 Act on combating terrorism. This provision makes it an offence to publish
or cause to be published a statement which directly or indirectly encourages
another person to commit a terrorist act, irrespective of whether or not that
person consents to commit such an act.
Latvia:
Section 88/3 of the Latvian Criminal Code
criminalises any person who recruits others to commit acts of terrorism.
Lithuania:
Article 250-2 of the Lithuanian Criminal
Code, as amended in 2013, criminalises the act of recruiting another person for
the purpose of committing a terrorist offence, taking part in a terrorist
offence or taking part in the activities of a group whose objective is to carry
out terrorist offences.
Luxemburg:
The law of 26 December 2012 on the
prevention of terrorism introduced a new section on crimes linked to terrorist
activities into Luxemburg Criminal Law. Article 135-12 defines recruitment
for terrorism as one or more persons soliciting or attempting to solicit
another person to commit a terrorist act, or to create or join a terrorist
group. Article 135-14 clarifies that penalties will be applied even if the
terrorist act in question has not been committed.
Hungary:
Recruitment for terrorism could be prosecuted under
Article 315(1) of the Hungarian Criminal Code as instigation to commit one of
the offences listed in Articles 314(1) and (2). If a person is recruiting
others with a view to their committing offences within a terrorist group,
Article 315(2) may apply.
Malta:
Article 328C(2)(b) of the Maltese Criminal Code criminalises
any person who knowingly recruits or solicits another person to commit an act
of terrorism (as defined in Article 328A).
The
  Netherlands: Recruitment to terrorism, defined
as soliciting a person to commit a terrorist offence, (as defined in Article
83) could be prosecuted under Articles 131 and 132 (see first section on public
provocation for descriptions of both provisions). Where Article 83 refers to a
‘terrorist offence’, this includes involvement in a terrorist group (as
described in Article 140a). Article 205 of the Dutch Criminal Code criminalises
recruitment for foreign military service or for armed warfare. If the armed warfare
for which a person is recruited would involve them in committing terrorist
offences, the penalties imposed are more severe (see Article 205(3)).
Austria: Austria
has not introduced specific provisions on recruitment for terrorism. The Austrian
authorities are of the opinion that recruitment, as defined in Article 3(1)(b)
of the 2008 Framework Decision, can be prosecuted either as participation in or
incitement to commit a terrorist offence (Section 278c(1) of the Austrian
Criminal Code in combination with Section 12) or as involvement in the
activities of a terrorist group (Section 278b(2)). The combined application of
Section 278c(1) and Section 12 may be too limited in scope to fully meet the
requirements of Article 3(1)(b) of the 2008 Framework Decision, as criminalising
participation in a terrorist offence presupposes that the offence in question
has actually been committed. Section 278b(2) of the Austrian Criminal Code
makes it a criminal offence to be a member of a terrorist group. This includes participating
in or committing a criminal offence as part of a terrorist group, providing
information or resources, or being involved in any other way in the activities
of the group in the knowledge that this will facilitate the terrorist
activities of the group and/or benefit the group itself. The other types of involvement
in the activities of the group referred to could include, for example,
recruiting members. This provision only applies to recruitment of members to a
group, and does not appear to cover recruitment of an individual for terrorism in
cases where there is no link to an established terrorist group.
Poland:
Recruitment to terrorism — understood to mean the
act of soliciting a person to commit a terrorist offence or to contribute to
the activities of a terrorist group — could be covered by Articles 255 and/or
255a of the Polish Criminal Code (see first section on public provocation for
details of both provisions). The Polish authorities also appear to consider the
general provision on aiding and abetting (Article 18(3) of the Criminal Code) to
be potentially applicable. This provision criminalises any person who, through
his or her conduct, intentionally facilitates the perpetration of an offence by
another person, in particular by providing materials, means of transport,
advice or information. It is, however, doubtful whether this provision in
combination with the specific provisions on terrorist offences would together ensure
that recruitment for terrorism, as defined in the 2008 Framework Decision, is
criminalised in cases where the terrorist offence in question has not yet been committed
or attempted.
Portugal:
Article 4(4) of the law on counterterrorism criminalises
the recruitment of another person for the purpose of committing terrorist
offences. It is argued that the use of the word ‘recruit’ instead of ‘solicit’
restricts the scope of this provision, as it presupposes the existence of some
sort of prior plan or organisational framework, in which the person being
recruited would then play a role. Simply asking or suggesting to another person
that they carry out an act constituting a terrorist offence may not be
sufficient for this provision to apply. Article
4(4) only refers to acts mentioned in Article 2(1), which would seem to imply
that recruiting somebody to take part in the activities of a terrorist group
(including by providing funding) is not covered.
Romania:
Act 187/2012 amending Law 535/2004 on
preventing and combating terrorism, which entered into force on 1 February
2014, introduced a new provision criminalising recruitment to terrorism. Article
33˄1 criminalises any person who recruits another person to commit any of
the crimes specified in Articles 32(1) and (3) and Article 33 (terrorist
offences and acts assimilated to terrorist offences). No reference is made,
however, to offences carried out as part of a terrorist group or entity, which
could imply that recruitment to take part in such activities (including by
providing funds) would not necessarily be covered by this new provision.
Slovenia:
Article 111(1) of the Slovenian Criminal Code
criminalises the "conscription" (recruitment) for terrorist
activities where this involves encouraging another person to commit or
participate in any of the criminal offences specified under Article 108 of the Criminal
Code or to join a terrorist organisation or group with the aim of committing
terrorist acts.
Slovakia:
Article 419(2)(d) of the Slovakian Criminal Code criminalises
any person who requests that another person commit or take part in the
commission of terrorist offences as defined in Article 419(1). The fact that
this provision refers only to terrorist offences defined in Article 419(1) and
not to the legal provisions transposing Article 2(2) of the 2002 Framework
Decision (Sections 89(26) to (28) and 185a(2) of the Criminal Code) could imply
that recruitment to take part in the activities of a terrorist group (including
recruitment to provide funding) is not covered by this provision.
Finland:
Chapter 34a Section 4b of the Finnish
Criminal Code criminalises any person who recruits another person to a
terrorist group or to commit terrorist offences in any other way, in order to
promote terrorist offences or in the knowledge that his or her actions will
promote terrorist offences (as defined in Section 1 or 2). This provision appears
to cover not only cases where the person intends to promote terrorism (or
objectively foresees this as the outcome of their actions) but also cases where
the person is aware of the likely outcome, i.e. direct intent is not required.
Furthermore, the provision refers to both Section 1 (terrorist offences) and Section
2 (preparation of an offence to be committed with terrorist intent), and
therefore also covers recruitment of another person to take part in the planning
of a terrorist offence, or, for example, to transport weapons or to acquire
formulae or instructions for making explosives (see the examples given in
Section 2 of the Criminal Code).
Sweden:
Section 4 of the Act on criminal liability for public
provocation, recruitment and training criminalises any person who seeks to
induce another person, in a case other than that specified in Section 3 (which
defines public provocation), to commit or otherwise take part in a particularly
serious crime. A ‘particularly serious crime’ is defined in Section 2 of the
same Act. Subsection 2 of this section specifies terrorist offences — as
defined under Section 2 of the Act on criminal responsibility for terrorist offences
(2003:148) — gross sabotage, hijacking, maritime or air traffic sabotage and
airport sabotage as particularly serious crimes. No reference is made, however,
to the other provisions transposing Article 2(2) of the 2002 Framework Decision
(contained in Sections 3 and 4 of Act 2003:148).
The
 United Kingdom: Recruitment
for terrorism is not explicitly specified as a criminal offence in the United Kingdom. Recruiting a person for terrorism could, however, potentially fall under
several provisions, depending on the circumstances. Recruitment could be covered
by Section 5 of the Terrorism Act 2006, which criminalises any person who
engages in any conduct in preparation for committing or assisting another
person to commit acts of terrorism. Furthermore, under the general law of all
parts of the United Kingdom, it is a criminal offence to incite a person to
commit any criminal offence. Recruiting a person to commit any specific act of
terrorism could constitute the offence of inciting the person to commit that
criminal offence. Recruiting a person to join a terrorist organisation without
any particular act of terrorism immediately in mind would, if the terrorist
organisation is officially proscribed, constitute the criminal offence of
inciting that person to commit the offence of belonging to a terrorist
organisation (an offence under Section 11 of the Terrorism Act 2000).

3.                      
Training for terrorism as defined in Article
3(1)(c) of the 2002 Framework Decision as amended by the 2008 Framework
Decision

Training
for terrorism is defined in Article 3(1)(c) as ‘providing instruction in the
making or use of explosives, firearms or other weapons or noxious or hazardous
substances, or in other specific methods or techniques, for the purpose of
committing one of the offences listed in Article 1(1)(a) to (h), knowing that
the skills provided are intended to be used for this purpose.’
Belgium: Article
140quater of the Belgian Criminal Code was introduced in 2013 and criminalises any
person who provides or receives instruction or training for the making or use
of explosives, firearms or other weapons or noxious or hazardous substances, or
in other specific methods or techniques, for the purpose of committing a
terrorist offences, as defined by the Criminal Code.
Bulgaria: Article
108a(3) of the Bulgarian Criminal Code criminalises any person who trains
individuals or groups of persons for the purpose of committing a terrorist
offence.
The
  Czech Republic: The Czech authorities are
of the opinion that Section 311(2) of the Czech Criminal Code could cover
training for terrorism. This provision criminalises any person who supports
terrorists, terrorist groups or terrorist actions financially, materially or in
any other way. Although the provision is formulated broadly, it is not clear
whether it could be interpreted in such a way as to cover the act of providing
instructions for the purpose of committing terrorist offences if no specific terrorist
act had been defined at that stage. As an alternative, training could be covered,
according to the Czech authorities, by Section 311(4) applied in combination
with general rules on preparation (Section 20) or participation (Section 24). The
concept of preparation encompasses conduct engaged in before an attempt is made
to carry out a terrorist offence, and this provision may therefore cover
training for the purpose of terrorism (see previous comments on this above).
Denmark:
Section 114d of the Danish Criminal Code criminalises any person who trains,
instructs or in any other way teaches another person to commit, facilitate or assist
in carrying out terrorist acts in the knowledge that the person intends to use
the skills to pursue such an aim. This provision distinguishes between two
types of training, on the basis of its ultimate purpose — training to be used
for carrying out terrorist offences as defined in Section 114 (acts of
terrorism) and 114a (terrorist-like acts), and training to be used for carrying
out one of the offences specified in Section 114b (financing of terrorism). This
distinction is reflected in the different range of penalties that can be
imposed (under Sections 14d(1) and (2), respectively). Although the provision itself
does not refer to the specific skills listed in Article 3(1)(c), the
explanatory notes to the law amending the Danish Criminal Code clarify that
this provision applies to instructions in, e.g. the use of weapons or making
bombs, irrespective of whether the person instructed actually carries out a
terrorist act.
Section
114d(3) also makes it a criminal offence to allow oneself to be trained to
commit or facilitate terrorist acts and terrorist-like acts.
Germany: Section
89a(1) of the German Criminal Code criminalises any person who prepares a
serious offence endangering the State. Subsection 2 lists the preparatory acts
that are covered by this provision. These include instructing another person or
receiving instruction in: 1. the production or use of firearms, explosives,
explosive or incendiary devices, nuclear fission material or other radioactive
substances, substances that contain or can generate poison or other substances
detrimental to health; 2. the construction of special facilities needed for the
commission of the offence; or 3. other skills that could be of use for the
commission of any of the offences specified in subsection 1. The reference to
serious offences endangering the State does not cover all of the terrorist
offences listed in Article 1 of the 2002 Framework Decision.
Estonia:
Section 237/2(1) of the Estonian Criminal Code criminalises the organisation of
training for the commission of a terrorist offence, as defined in Section 237.
Ireland:
Section 6C(1) of the Criminal Justice
(Terrorist Offences) (Amendment) Bill 2012 criminalises the act of giving or
receiving instruction or training in the making or use of firearms or
explosives, biological weapons, chemical weapons, nuclear weapons or any other such
weapons as may be used in the commission of any of the offences specified in Section
6(1), or in any other techniques or methods intended to be used in the
commission of any of these  offences. Section 6C(5) provides for the
defence that the giving or receiving of such instruction or training was done
with lawful authority or that there was a reasonable justification for giving
or receiving such instruction or training. A
person charged with an offence under this section must prove that this was the
case.
Greece:
n.a.
Spain:
Section 576(3) of the Spanish Criminal Code as amended in 2010 criminalises any
person who carries out any activity to recruit, indoctrinate, train or induct another
person, with the aim of their joining a terrorist organisation or group or
committing any of the offences specified in the chapter on terrorist groups and
terrorist offences (Articles 571 to 580).
France:
Training for terrorism could be covered by the offence of conspiracy ("association
de malfaiteurs") for terrorist purposes established by Article 421-2-1
of the French Criminal Code.  
Croatia: Following
amendments to the Croatian Criminal Code in 2008 and 2013, training for
terrorism is defined in Article 101 as providing guidance on the making or use
of explosive devices, firearms or other weapons or harmful or dangerous
substances, or in other specific methods and techniques, knowing that these
skills are intended for use in the commission of the criminal acts specified in
Articles 97, 98, 102, 137, 216 (paragraphs 1 to 3), 219, 223, 224 and 352 to355
of the Criminal Code (in particular Article 97 defining acts of terrorism and
Article 102 defining the offence of joining or taking part in a terrorist
group).
Italy:
Article 270quinquies of the Italian Criminal Code, introduced in 2005, makes it
an offence to train another person for the purpose of terrorism. It
criminalises any person who except for the cases mentioned under Article 270bis,
trains or otherwise gives instructions on how to prepare or use explosive
materials, firearms or other weapons or harmful or hazardous chemical or
bacteriological substances or in any other techniques or methods, for the
purpose of committing, with terrorist intent, acts of violence or acts of sabotage
affecting essential public services, including where this is directed against a
foreign State or an international institution or organisation. This provision provides
for the same penalty to be imposed for those receiving training or instructions.
Unlike the offence of conspiracy, this new provision does not require proof of
a specific associative agreement. It was designed with the aim of overcoming a
potential gap in the legal framework, as the offence of conspiracy could only
be applied in cases where there is an organisational structure and a minimum of
three people. The concept of training has apparently been applied and
interpreted not as simply meaning providing and receiving information, but as requiring
a more continuous and systematic training programme involving some form of follow
up. For the training programme to be considered as such, it is nevertheless
sufficient that it be capable of facilitating terrorist activities. Only
limited reference is made to acts of violence or sabotage of essential public
services for the purpose of terrorism, and it is therefore doubtful whether
training for committing all of the terrorist offences listed in Articles
1(1)(a) to (h) of the 2002 Framework Decision is actually covered.
Cyprus:
Giving training for the purpose of terrorism is an offence under Articles 8(1)
and (2) of the 2010 Act on combating terrorism. These provisions criminalise
any person who supports a terrorist organisation or member of a terrorist
organisation by providing guidance for the production or use of explosives,
firearms or other weapons or noxious or hazardous substances, or in any other
specific methods or techniques, with the intention of performing or contributing
to terrorist crimes, knowing that a person or organisation intends to use the
guidance in this way.
Latvia:
Section 88/3 of the Latvian Criminal Code criminalises any person who trains another
person to commit acts of terrorism.
Lithuania:
Article 250-5 of the Lithuanian Criminal Code, as amended in 2013, criminalises
any person who provides special knowledge or skills necessary for committing or
taking part in the commission of a terrorist offence, knowing that the person
acquiring the knowledge or skills intends to use them for terrorist aims.
Luxemburg:
Training for terrorism is defined in Article 135‐13
of the Luxemburg Criminal Code as providing instruction or attempting to
provide instruction in the making or use of explosives, firearms or other
weapons or noxious or hazardous substances, or in other specific methods or
techniques, for the purpose of committing one of the offences specified in this
chapter, knowing that the skills provided are intended to be used for this
purpose. Article 135-14 clarifies that penalties will be applied even if the
terrorist act in question has not been committed.
Hungary:
Training for terrorism could be prosecuted under Article 315(1) of the
Hungarian Criminal Code, as amended in 2013, as aiding and abetting terrorist
offences (as defined in Articles 314(1) and (2)) by providing any of the means
intended to be used in such activities. Alternatively, it could be prosecuted
under Article 318(2) as support for the activities of a terrorist group.
Malta:
Article 328C(2)(c) of the Maltese Criminal Code criminalises any person who
knowingly trains or instructs another person in making explosives, firearms or
other weapons or noxious or hazardous substances, or in other specific methods
or techniques, for the purpose of committing an act of terrorism (as defined in
Article 328A).
The
Netherlands:
Article 134a was introduced into the Dutch Criminal
Code in 2009 and criminalises any person who: 1. purposefully provides or tries
to provide him/herself or somebody else with the opportunity, means or
information to commit a terrorist crime or a crime with the objective of
preparing or facilitating a terrorist crime; or 2. acquires the knowledge and
the skills to commit such a crime; or 3. teaches somebody else such knowledge
and skills.
Austria:
The amendments made to the Criminal Code in 2010 and 2011 introduced two new
offences: training for terrorist purposes and instruction in committing
terrorist offences. Whereas the provision on training for terrorist purposes
(Section 278e) relates to a typical training situation involving a trainer and a
trainee, the provision on instruction in committing terrorist offences (Section
278f) covers situations where information is provided for a person to use to
teach themselves. This distinction is reflected in the range of penalties which
can be imposed, these being less severe where instruction rather than training
is provided (see the table below). Section 278e criminalises any person who
trains another person in how to make or use explosives, firearms or other
weapons or noxious or hazardous substances, or in other specific methods or
techniques, for the purpose of committing a terrorist offence, knowing that the
skills provided are intended to be used for this purpose. Section 278f
criminalises any person who provides materials that are, in view of their
content, intended to offer instruction for committing a terrorist offence, provides
such information on the internet or makes it accessible to another person, with
the intention of inciting the commission of a terrorist act. Receiving training
or procuring information or instructions from the internet is an offence under
both the above provisions.
Poland:
Training for terrorism could be covered by Article 255a of the Polish Criminal
Code. This article criminalises the provision or dissemination of information
that may facilitate a terrorist offence, with the intention that such an
offence be committed. This includes e.g. providing instructions in different
techniques and methods, as specified in Article 3(1)(c) of the 2002 Framework
Decision as amended by the 2008 Framework Decision. The Polish authorities are also
understood to consider that training for terrorism could be covered by the
general provision on aiding and abetting contained in Article 18(3) of the
Criminal Code (see the section above on recruitment for terrorism for more
details). As mentioned above, it is doubtful whether the application of this
provision in combination with the specific provisions on terrorist offences would
ensure that training, as defined in the 2008 Framework Decision, is
criminalised in cases where the terrorist offence in question has not yet been committed
or attempted, or where no specific terrorist act has been specified.
Portugal:
Article 4(5) of the Portuguese law on counterterrorism criminalises any person
who trains or instructs another person by any means in the making or use of
explosives, firearms or other weapons or noxious or hazardous substances, or in
other specific methods or techniques, for the purpose of committing any of the
acts set out in Article 2(1) with terrorist intent.
Romania:
Article 33(1)(b) of Law 535/2004 as amended by Law 187/2012 that entered into
force in February 2014 criminalises the instruction or training of another
person in the use of firearms, ammunition, explosives or explosive devices of
any type, or chemical, biological, bacteriological or nuclear weapons,
including any equipment specifically designed to be used in direct connection
with chemical, biological, bacteriological or nuclear substances, where these
actions are undertaken for the purpose of terrorism, as defined in Article
32(1). Article 33(2)(e) criminalises participation in training and preparation
for the use of e.g. destructive means, toxic or dangerous substances, firearms
or explosive devices in order to commit terrorist acts.
Slovenia:
Article 111(2) of the Slovenian Criminal Code criminalises any person who
trains others for any of the criminal offences specified in Article 108 of the Criminal
Code, by providing instructions to manufacture and use explosives, firearms or
other weapons or harmful or hazardous substances or by training them in other
specialist methods or technology, for the purpose of committing or participating
in a terrorist act.
Slovakia:
Training for the purpose of terrorism is
criminalised under Section 419(2)(b) of the Slovakian Criminal Code. This
offence is defined as providing expertise on the methods or techniques for
manufacturing and using explosives, nuclear, biological or chemical weapons or
other similarly harmful or dangerous substances, for the purpose of committing
a terrorist offence as defined in Article 419(1).
Finland:
Chapter 34a Section 4a of the Finnish Criminal Code criminalises any person who
arranges, attempts to arrange or provides training in the preparation or use of
explosives, firearms or other arms, or poisonous or other noxious substances,
or arranges, attempts to arrange or otherwise provides training with the
intention or in the knowledge of promoting the criminal activity referred to in
Sections 1 and 2. As mentioned above (in the section on recruitment for terrorism),
this provision appears to require only that the person be aware of the
potential consequences of their action and not that they necessarily intend to
objectively pursue these outcomes, i.e. it sets a lower threshold for what
constitutes an offence. Furthermore, as also highlighted above, the provision
refers to both Sections 1 and 2, implying that it covers both training for committing
terrorist offences and also training relating to preparatory offences.
Sweden:
Section 5 of the Act on criminal responsibility for public provocation, recruitment
and training criminalises any person who provides or seeks to provide
instruction in the making or use of explosives, weapons or noxious or hazardous
substances that are particularly likely to be used in a particularly serious
crime, or in other methods or techniques intended for such a purpose, if the
act has been committed with the knowledge that the instruction is intended to
be used for a particularly serious crime.
The
  United Kingdom: Section 6 of the
Terrorism Act 2006 criminalises training for terrorism. Section 6(1) defines
this as providing instruction or training in any of the skills mentioned in Section
6(3), in the knowledge that the person receiving the instruction or training
intends to use the skills for or in connection with the commission or
preparation of acts of terrorism or for assisting the commission or preparation
by others of such acts.
Section
6(2) criminalises any person who receives instruction or training if he or she
intends to use the skills in which he or she is being instructed or trained for
or in connection with the commission or preparation of acts of terrorism or for
assisting the commission or preparation by others of such acts or offences.
Section
6(3) lists the skills to which Sections 6(1) and (2) refer, i.e. skills in
which it is an offence to provide training or instruction. These are: the
making, handling or use of a noxious substance, or of substances of a
description of such substances; the use of any method or technique for doing
anything that is capable of being done for the purposes of terrorism, in
connection with the commission or preparation of an act of terrorism or in
connection with assisting the commission or preparation by another of such an
act or offence; and the design or adaptation for the purposes of terrorism, or
in connection with the commission or preparation of an act of terrorism, of any
method or technique for doing anything.
Section
6(4) clarifies that these provisions apply irrespective of whether the
instruction or training is provided to one or more particular persons or
generally and whether the acts or offences in relation to which a person
intends to use the skills in which he or she is being instructed or trained
consist of one or more particular acts of terrorism, acts of terrorism of a
particular description or acts of terrorism generally.
Training
for terrorism could also be prosecuted under Section 54 of the Terrorism Act
2000. This provision criminalises any person who gives instruction or training
in the making or use of firearms, explosives, or chemical, biological or
nuclear weapons, receives instruction or training in these skills, or invites
others to receive such instruction or training. The provision of instruction is
understood to mean making instruction available either generally or to one or
more specific persons. The invitation to receive instructions or training may
be either general or addressed to one or more specific persons. Section 54(5)
provides for a specific defence for a person charged with an offence under this
section in relation to instruction or training. He or she must prove that his
or her action or involvement was wholly for a purpose other than assisting,
preparing for or participating in terrorism.
Training
for terrorism may also be covered by Section 8 of the Terrorism Act 2006 on attendance
at a place used for terrorist training. This provision criminalises attendance
at any place, in the United Kingdom or elsewhere, where instruction or training
of the type mentioned in Section 6(1) of the same Act or in Section 54(1) of
the Terrorism Act 2000 (weapons training) is provided, wholly or partly for
purposes connected with the commission or preparation of acts of terrorism. A
person attending such a training camp is guilty of this offence if he or she
knows or believes that instruction or training is being provided there wholly
or partly for purposes connected with the commission or preparation of acts of
terrorism or could not reasonably have failed to understand that this was the
case.
Section
8(3) clarifies that the provisions in Section 8 apply irrespective of whether
the person concerned receives the instruction or training him or herself and
whether the instruction or training is provided for purposes connected with one
or more particular acts of terrorism, acts of terrorism of a particular
description, or acts of terrorism generally.

Table 1: Overview
of the legal acts adopted in Member States to transpose the new offences as
defined in the 2008 Framework Decision
  
 Member State || Legislation predating the adoption of the 2008 Framework Decision || Legislation adopted subsequent to the adoption of the 2008 Framework Decision 
 BE (Belgique/België, Belgium) ||   || Law of February 2013 introducing the three new offences under Articles 140 bis, ter and quater of the Criminal Code 
 BG (България, Bulgaria) ||   || Law of 2011 amending the Criminal Code, introducing three new offences under Articles 320 and 108a of the Criminal Code 
 CZ (Česká republika, Czech Republic) ||   || Amendment to the Criminal Code in 2011 to include public provocation (under Article 311(2)) The Criminal Code as amended in 2009 can also be applied so as to cover the new offences of recruitment and training 
 DK (Danmark, Denmark) || Article 136(1) of the Criminal Code (public provocation) is an existing provision pre-dating Denmark’s accession to the EU. Adoption of the second anti-terror package in 2006, introducing offences of recruitment and training (Articles 114c and 114d of the Criminal Code) ||   
 DE (Deutschland, Germany) || Existing provisions cover recruitment insofar as recruitment to terrorism can be considered to constitute either conspiracy in relation to terrorist offences (Section 30 of the Criminal Code) or participation in a terrorist group (Section 129a of the Criminal Code)     || Act criminalising the preparation of serious violent offences endangering the State (2009), introducing the new offences under Article 91 of the Criminal Code 
 EE (Eesti, Estonia) || Criminal Code as amended in 2007 establishing three new offences under Article 237/2. ||   
 IE (Éire/Ireland, Ireland) ||   || Criminal Justice (Terrorist Offences) (Amendment) Bill 2012 introducing three new offences in Sections 6A, B and C (not yet adopted) 
 EL (Ελλάδα, Greece) ||   || n.a. 
 ES (España, Spain) ||   || Law 5/2010 amending the Criminal Code introducing the three new offences under Articles 576, 578 and 579 
 FR (France, France) || 1881 Act on the freedom of the press (Articles 23 and 24) covering public provocation (amended in 2004 to explicitly include dissemination of information over the internet) Law of 2006 on combating terrorism extending the offence of conspiracy (Article 421-2-1) to cover terrorist activities (including recruitment and training for terrorism) || Law of 2012 on security and combating terrorism introducing the offences of recruitment and training for terrorism (Article 421-2-4) 
 HR (Hrvatska, Croatia) || The 2008 amendments to the Criminal Code (further amended in 2013) introducing new offences ||   
 IT (Italia, Italy) || Law 155/2005 introducing the new offences of recruitment and training for terrorism (Articles 270 quater and quinquies of the Criminal Code); an aggravating circumstance was also added to the provision on incitement to commit an offence (Article 320 of the Criminal Code), the circumstance being that the incitement relates to a terrorist offence ||   
 CY (Κύπρος, Cyprus) ||   || 2010 Law on combating terrorism introducing the three new offences under Articles 8, 12 and 13 
 LV (Latvija, Latvia) || 2007 Law on national security introducing the three new offences in Sections 88/2 (public provocation) and 88/3 (recruitment and training for terrorism) of the Criminal Code ||   
 LT (Lietuva, Lithuania) ||   || Amendment to the Criminal Code in 2013 introducing the three new offences under Articles 250-1, 250-2 and 250-5 
 LU (Luxembourg, Luxembourg) ||   || Introduction of the three new offences under Articles 135-11, 135-12 and 135-13 of the Criminal Code in 2012 
 HU (Magyarország, Hungary) ||   || 2013 amendment to the Criminal Code introducing the three new offences  under Article 315 
 MT (Malta, Malta) || 2005 amendment to the Criminal Code introducing the three new offences under Articles 328C(2)(a), (b) and (c) ||   
 NL (Nederland, Netherlands) ||   || 2009 amendment to the Criminal Code introducing the new offences of training (under Article 134a) and preparatory acts relating to terrorism — public provocation  and recruitment (under Articles 83b, 131 and 132) 
 AT (Österreich, Austria) || Act 134 of 2002 introducing Sections 278b and 278c on recruitment for terrorism into the Criminal Code || Amendment to the Criminal Code in 2010 introducing Section 278e (training) and in 2011 introducing Sections 278f (instruction) and 282a (provocation) 
 PL (Polska, Poland) ||   || 2011 amendment to the Criminal Code introducing Article 255a establishing the three new offences 
 PT (Portugal, Portugal) ||   || Law 17/2011 amending the law on counterterrorism and introducing the three new offences (under Articles 4(3), (4) and (5) of the Law on counterterrorism) 
 RO (România, Romania) ||   || Law 187/2012 introducing the three new offences (under Articles 33˄2 (4), 33˄1, 33(1)(b), and 33(2)(2)) 
 SI (Slovenija, Slovenia) ||   || 2008 amendment to the Criminal Code introducing the three new offences (under Articles 110, 111(1) and (2)) 
 SK (Slovensko, Slovakia) || 2005 Criminal Code, as amended by Act 576/2010, included the three new offences under Article 419(2) ||   
 FI (Suomi/Finland, Finland) || Act 1370/2007 amending the Criminal Code introducing the three new offences in Chapter 34a Sections 1, 4a and 4b ||   
 SE (Sverige, Sweden) ||   || Act 2010:299 on criminal responsibility for public provocation, recruitment and training for terrorist offences and other particularly serious crimes introducing the three new offences in its Sections 3, 4 and 5 
 UK (United Kingdom) || Terrorism Act 2006 establishing the three offences in Sections 1, 5 and 6; Terrorism Act 2000 (specifically in relation to weapons training, Section 54) ||   

Table 2: Penalties
for the new offences of public provocation, recruitment and training for
terrorism

The following table gives an overview of
penalties that can be imposed on natural persons for the three new offences.
Given that penalties may be based on different legal provisions, depending on
the circumstances of the case, the table refers, where appropriate, to the
different provisions and the resulting variation in the range of penalties that
can be imposed.
 Member State || Penalties under the legal provisions transposing Articles 3(1)(a) to (c) of the 2002 Framework Decision as amended by the 2008 Framework Decision 
   || Public provocation || Recruitment || Training 
 BE (Belgique/België, Belgium) || Article 140 bis of the Belgian Criminal Code: 5 to 10 years (and a fine from EUR 5 500 to 1 100 000) || Article 140 ter of the Belgian Criminal Code: 5 to 10 years (and a fine from EUR 5 500 to 1 100 000) || Article 140 quater of the Belgian Criminal Code: 5 to 10 years (and a fine from EUR 5 500 to 1 100 000) 
 BG (България, Bulgaria) || If prosecuted as openly abetting the perpetration of a terrorist offence under Section 320(2) of the Bulgarian Criminal Code: 2 to 10 years   || Article 108a(3) of the Bulgarian Criminal Code: 2 to 10 years || Article 108a(3) of the Bulgarian Criminal Code: 2 to 10 years 
 CZ (Česká republika, Czech Republic) || Article 311(2) of the Czech Criminal Code (support for terrorist activities): 5 to 15 years || If prosecuted under Article 311(2) of the Czech Criminal Code (support for terrorist activities): 5 to 15 years   If prosecuted under Article 311(4) in combination with Article 20 of the Czech Criminal Code (preparation of terrorist offences): 5 to 15 years || If prosecuted under Article 311(2) of the Czech Criminal Code (support for terrorist activities): 5 to 15 years   If prosecuted under Article 311(4) in combination with Article 20 of the Czech Criminal Code (preparation of terrorist offences): 5 to 15 years   
 DK (Danmark, Denmark) || If prosecuted under Article 136(1) of the Danish Criminal Code: maximum 4 years or a fine   If prosecuted as apology for criminal acts under Article 136(2) of the Danish Criminal Code: maximum 2 years   || If prosecuted under Article 114c(1) of the Danish Criminal Code (recruitment for the commission or facilitation of a terrorist offence, to join a terrorist group or facilitate the activities of the group): maximum 10 years[1]   If prosecuted under Article 114c(2) of the Danish Criminal Code (recruitment for financing of terrorism or recruitment to a group in order to help the group to commit offences involving financing of terrorism): maximum 6 years   If prosecuted under Article 114c(3) of the Danish Criminal Code (‘passive recruitment’): maximum 6 years   || If prosecuted under Article 114d(1) of the Danish Criminal Code (training for the commission or facilitation of a terrorist offence, to join a terrorist group or facilitate the activities of the group): maximum 10 years[2]   If prosecuted under Article 114d(2) of the Danish Criminal Code (training for financing of terrorist groups or for joining a group in order to help the group to commit offences involving financing of terrorism): maximum 6 years   If prosecuted under Article 114d(3) of the Danish Criminal Code (‘passive training’): maximum 6 years 
 DE (Deutschland, Germany) || Section 91(1) and (2) of the German Criminal Code: maximum 3 years or a fine (for both public provocation and obtaining such material)[3]   || Section 129a(5)(2) of the German Criminal Code: 6 months to 5 years (if prosecuted as recruitment of members to a terrorist group)   Varying penalty ranges if prosecuted as conspiracy (attempt to incite) under Section 30 of the German Criminal Code[4] || Section 89a(1) and (2) of the German Criminal Code: 6 months to 10 years 
 EE (Eesti , Estonia) || Article 237/2(1) of the Estonian Criminal Code (public incitement): 2 to 10 years || Article 237/2(1) of the Estonian Criminal Code (recruitment): 2 to 10 years   || Article 237/2(1) of the Estonian Criminal Code (organisation of training): 2 to10 years 
 IE (Éire/Ireland, Ireland) || Section 6A(4) of Criminal Justice (Terrorist Offences) (Amendment) Bill (2012): maximum 10 years, or a fine or both[5] || Section 6B(4) of Criminal Justice (Terrorist Offences) (Amendment) Bill (2012): maximum 10 years   || Section 6C(7) of Criminal Justice (Terrorist Offences) (Amendment) Bill (2012): maximum 10 years 
 EL (Ελλάδα, Greece) || n.a. || n.a. || n.a. 
 ES (España, Spain) || Article 579(1), second alternative of the Spanish Criminal Code, (dissemination of content): 6 months to 2 years[6] Article 578 (apology for terrorism): 1 to 2 years   || Article 576(3) of the Spanish Criminal Code: 5 to 10 years || Article 576(3) of the Spanish Criminal Code: 5 to 10 years 
 FR (France, France) || If prosecuted as direct provocation to commit a crime when acted upon under Article 23 of the 1881 Act on the freedom of the press: varying penalty ranges[7]   If prosecuted as direct provocation to commit a crime when not acted upon under Article 24 of the 1881 Act on the freedom of the press: maximum 5 years (and a fine of up to EUR 45 000)   || Article 421-2-1 of the French Criminal Code (conspiracy): maximum 10 years (and a fine of up to EUR 225 000[8])   Article 421-2-4 of the French Criminal Code: maximum 10 years (and a fine of up to EUR 150 000) || Article 421-2-1 of the French Criminal Code (conspiracy): maximum 10 years (and a fine of up to EUR 225 000[9])     
 HR (Hrvatska, Croatia) || Article 99 of the Croatian Criminal Code: 1to 10 years   || Article 100 of the Croatian Criminal Code: 1 to 10 years || Article 101 of the Croatian Criminal Code: 1 to 10 years 
 IT (Italia, Italy) || Article 302 of the Italian Criminal Code: maximum 8 years[10]   || Article 270 quater of the Italian Criminal Code: 7 to 15 years || Article 270 quinquies of the Italian Criminal Code: 5 to 10 years 
 CY (Κύπρος, Cyprus) || Article 12 of the 2010 Law on combating terrorism (dissemination of terrorist material creating the risk of a terrorist offence being committed): maximum 8 years   || Article 13 of the 2010 Law on combating terrorism (encouragement of terrorism): maximum 10 years || Article 8 of the 2010 Law on combating terrorism: maximum 8 years 
 LV (Latvija, Latvia) || Section 88/2 of the Latvian Criminal Code: maximum 8 years || Section 88/3 of the Latvian Criminal Code: maximum 10 years (and possible confiscation of property)   || Section 88/3 of the Latvian Criminal Code: maximum 10 years (and possible confiscation of property)   
 LT (Lietuva, Lithuania) || Article 250-1 of the Lithuanian Criminal Code: four alternative penalties: fine, restriction of liberty, arrest, and imprisonment of maximum 3 years     || Article 250-2 of the Lithuanian Criminal Code: maximum 7 years || Article 250-5 of the Lithuanian Criminal Code: maximum 7 years 
 LU (Luxembourg, Luxembourg) || Article 135-11 in combination with Article 135‐14 of the Luxembourg Criminal Code: 1 to 8 years (and a fine of  EUR 2 500 to 12 500, or only one of the two penalties)   || Article 135-12 in combination with Article 135‐14 of the Luxembourg Criminal Code: 1 to 8 years (and a fine of EUR 2 500 to 12 500 or only one of the two penalties) || Article 135-13 in combination with Article 135‐14 of the Luxembourg Criminal Code: 1 to 8 years (and a fine of EUR 2 500 to 12 500, or only one of the two penalties) 
 HU (Magyarország, Hungary) || Article 315(1) and (2) (instigation) of the Hungarian Criminal Code: 2 to8 years (5 to 10 years in the case of provocation to commit terrorist offences as part of a terrorist group) || Article 315(1) and (2) (instigation) of the Hungarian Criminal Code: 2 to 8 years (5 to 10 years in the case of recruitment to commit terrorist offences as part of a terrorist group) || If prosecuted under Article 315(1) (aiding and abetting) of the Hungarian Criminal Code: 2 to 8 years   If prosecuted under Article 318(2) as training with a view to the person committing terrorist acts as part of a terrorist group: 5 to 10 years   
 MT (Malta, Malta) || Article 328C(2)(a) of the Maltese Criminal Code: 5 years to life[11] || Article 328C(2)(b) of the Maltese Criminal Code: 5 years to life[12]   || Article 328C(2)(c) of the Maltese Criminal Code: 5 years to life[13] 
 NL (Nederland, Netherlands) || Article 131 of the Dutch Criminal Code (public incitement to terrorism)in combination with Article 83b: maximum 5 years (or a fine)[14]   Article 132, of the Dutch Criminal Code (public provocation to terrorism) in combination with Article 83b: maximum 3 years (or a fine)[15] || If prosecuted as incitement to terrorism (Article 131 of the Dutch Criminal Code): maximum 5 years (or a fine)   If prosecuted as public provocation to terrorism (Article 132 of the Dutch Criminal Code): maximum 3 years (or a fine)   If prosecuted as recruitment to join a foreign military service (Article 205 of the Dutch Criminal Code): maximum 4 years[16]   || Article 134a of the Dutch Criminal Code: maximum 8 years (or a fine)[17] 
 AT (Österreich, Austria) || Section 282a(1) of the Austrian Criminal Code (public incitement to terrorist acts) and Section 282a(2) of the Austrian Criminal Code (public approval of terrorist acts): maximum 2 years || If prosecuted as incitement under Section 278c(1) of the Austrian Criminal Code in combination with Section 12: maximum 20 years If prosecuted as membership of a terrorist group under Section 278b(2) of the Austrian Criminal Code: 1 to 10 years   || If prosecuted as training for the purpose of terrorism under Section 278e(1) of the Austrian Criminal Code: 1 to 10 years If prosecuted as instruction on the commission of terrorist offences under Section 278f of the Austrian Criminal Code: maximum 2 years 
 PL (Polska, Poland) || If prosecuted as public provocation to commit a crime under Article 255 of the Polish Criminal Code: maximum 3 years;   If prosecuted as dissemination of material to facilitate the commission of a terrorist offence under Article 255a of the Polish Criminal Code: 3 months to 5 years[18] || If prosecuted as public provocation to commit a crime under Article 255 of the Polish Criminal Code: maximum 3 years;   If prosecuted as dissemination of material to facilitate the commission of a terrorist offence under Article 255a of the Polish Criminal Code: 3 months to 5 years[19]   || If prosecuted as dissemination of material to facilitate the commission of a terrorist offence under Article 255a of the Polish Criminal Code: 3 months to 5 years[20] 
 PT (Portugal, Portugal) || Article 4(3) of the Portuguese Law on counterterrorism: 1 to 5 years || Article 4(4) of the Portuguese Law on counterterrorism: 2 to 5 years   || Article 4(5) of the Portuguese Law on Counterterrorism: 2 to 5 years 
 RO (România, Romania) || Article 33˄2 (4) of Law 535/2004 as amended by Law 187/2012: 3 months to 3 years || Article 33˄1 of Law 535/2004 as amended by Law 187/2012: 5 to 12 years || Article 33(1)(b) of Law 535/2004 as amended by Law 187/2012: 5 to 12 years   If prosecuted under Article 33(2)(2) (participation in training): 2 to 7 years   
 SI (Slovenija, Slovenia) || Article 110-1(1) of the Slovenian Criminal Code (public incitement to terrorism): 1 to 10 years   If prosecuted as public glorification of terrorism under Article 110-1(2) of the Slovenian Criminal Code: 1 to 10 years   || Article 111(1) of the Slovenian Criminal Code (“conscription”/ recruitment for terrorism): 1 to 10 years || Article 111(2) of the Slovenian Criminal Code (training for terrorist activities): 1 to10 years 
 SK (Slovensko, Slovakia) || Section 419(2) (public provocation) of the Slovakian Criminal Code referring to the penalties applicable for terrorist offences under Article 419(1): 20 to 25 years or life imprisonment || Section 419(2) (recruitment) of the Slovakian Criminal Code referring to the penalties applicable for terrorist offences under Article 419(1): 20 to  25 years or life imprisonment   If prosecuted as support for terrorist groups under Article 297 of the Slovakian Criminal Code: 8 to 15 years   || Section 419(2) (training) of the Slovakian Criminal Code referring to the penalties applicable for terrorist offences under Article 419(1): 20 to 25 years or life imprisonment 
 FI (Suomi/Finland, Finmand) || Chapter 34a Section 1 of the Finish Criminal Code: 4 months to 4 years || Chapter 34a Section 4b of the Finish Criminal Code: 4 months to 8 years || Chapter 34a Section 4a of the Finish Criminal Code: 4 months to 8 years   
 SE (Sverige, Sweden) || Section 3 of the Act on criminal responsibility for public provocation, recruitment and training: maximum 2 years[21] || Section 4 of the Act on criminal responsibility for public provocation, recruitment and training: maximum 2 years[22]   || Section 5 of the Act on criminal responsibility for public provocation, recruitment and training: maximum 2 years[23] 
 UK (United Kingdom) || For encouragement of terrorism under Section 1 of the Terrorism Act 2006: maximum 7 years or a fine or both For dissemination of terrorist publications under Section 2 of the Terrorism Act 2006: maximum 7 years or a fine or both || If prosecuted as a preparatory act for the commission of acts of terrorism under Section 5 of the Terrorism Act 2006: maximum life imprisonment || If prosecuted as training for terrorism under Section 6 of the Terrorism Act 2006: maximum 10 years or a fine or both[24]   If prosecuted as weapon training under Section 54 of the Terrorism Act 2000: maximum 10 years or a fine or both[25]   If prosecuted as attendance at training under Section 8 of the Terrorism Act 2006: maximum 10 years or a fine or both 
[1]     This provision introduces an aggravating circumstance
increasing the maximum penalty to 16 years in cases where the recruitment is
carried out in an organised and systematic manner.
[2]     This provision introduces an aggravating circumstance
increasing the maximum penalty to 16 years in cases where the training is
carried out in an organised and systematic manner.
[3]     Section 91(3) allows the court to grant a discharge for offences
of a minor nature.
[4]     Sections 30(1)(1) and (2) of the Criminal Code stipulate that the
penalty will depend on the felony to which the conspiracy relates and shall be
mitigated (relative to the penalty which would be imposed for the attempt to
commit the felony in question): in the case of murder, the penalty under Section
30(1) shall be imprisonment of three to 15 years (in accordance with Sections
30(1)(2) and 49(1) point 1 of the Criminal Code); in the case of causing an
explosion (Section 308 of the Criminal Code), the sentence shall be
imprisonment of three months to 11 years and three months (Sections 30(1)2 and
49(1) points 2 and 3 of the Criminal Code).
[5]     The provision also provides for a lower penalty in the case of
a summary conviction —a Class A fine or imprisonment for a term of maximum 12
months or both.
[6]     Depending
on the circumstances, the behaviour in question may fulfil the conditions for
provocation, conspiracy or incitement as defined under Article 579(1) first
alternative, in which case the penalty would depend on the penalty for the act to
which the conspiracy relates.
[7]   Article 23 imposes the same penalty as would apply for being an
accomplice to the crime in question. It is therefore not possible to determine
the penalty without reference to a particular crime.            
[8]     Penalty laid down in Article 421-4.
[9]     Penalty laid down in Article 421-4.
[10]    This penalty can be increased by half (i.e. up to a maximum of 12
years) where the incitement relates to a terrorist offence (as a result of the
aggravating circumstance introduced by Article 15(1) bis of Law 155/2005).
[11]    The penalty provided for in Article 328A(3) for terrorist
offences.
[12]    The penalty provided for in Article 328A(3) for terrorist
offences.
[13]    The penalty provided for in Article 328A(3) for terrorist
offences.
[14]    The penalty for public incitement set out in Article 131(1) of
the Dutch Criminal Code (maximum 5 years’ imprisonment or a fine) is increased
by one third if the incitement relates to the commission of a terrorist offence
(see Article 131(2) of the Dutch Criminal Code).
[15]    The penalty for public provocation set out under Article 132(1)
of the Dutch Criminal Code (maximum 3 years’ imprisonment or a fine)) is
increased by one third if the provocation relates to the commission of a
terrorist offence (see Article 132(3) of the Dutch Criminal Code).
[16]    The previous footnote applies for penalties imposed under
Articles 131 and 132. The penalty for recruitment to a foreign military service
(four years’ imprisonment may be increased by one third if the armed warfare entails
the commission of terrorist offences (see Article 205(3) of the Dutch Criminal
Code).
[17]    Article 134a of the Dutch Criminal Code also provides foran alternative
in the form of a fifth-category fine.
[18]    Articles 255(2) and 255a of the Polish Criminal Code,
respectively.
[19]    Articles 255(2) and 255a of the Polish Criminal Code,
respectively.
[20]    Article 255a of the Polish Criminal Code.
[21]    Section 6 of the Act on criminal responsibility for public
provocation, recruitment and training allows the penalty range to be increased
to a minimum of 6 months and a maximum of 6 years in cases of 'gross crimes' (for
instance, where the offence was part of an activity carried out on a larger
scale).
[22]    Section 6 of the Act on criminal responsibility for public
provocation, recruitment and training allows the penalty range to be increased
to a minimum of 6 months and a maximum of 6 years in cases of 'gross crimes' (for
instance, where the offence was part of an activity carried out on a larger
scale).
[23]    Section 6 of the Act on criminal responsibility for public
provocation, recruitment and training allows the penalty range to be increased
to a minimum of 6 months and a maximum of 6 years in cases of 'gross crimes' (for
instance, where the offence was part of an activity carried out on a larger
scale).
[24]    Section 6 of the Terrorism Act 2006 provides for the same
penalty for those who receive training or instruction.
[25]    Section 54 of the Terrorism Act 2006 provides for the same
penalty for those who receive training or instruction or invite others to
receive training and instruction.