La lucha antiterrorista a través de la prisión indefinida. Los casos español y alemán

Abstract

The LO 1 of 2015 introduced in the Spanish Penal Code the permanent reviewable prison, with a minimum compliance period of 25 years, but which, in serious crimes of terrorism, can reach 35 years. In these illicit activities, in addition, the conditions for granting the suspension or access to the third degree and exit permits are hardened. The legislature argues that life imprisonment has been endorsed by the European Court of Human Rights (ECHR) and that it exists in comparative legislation; however, the European Court has established very strict requirements and, in German law, which has been taken as a model, the suspension regime is much more beneficial than in Spain. Of course, these provisions on terrorism raise se-rious doubts about their constitutionality.