Criminal Law
Definition and Aspects of Terrorism under the Jordanian Penal Code and Court of Cassation Jurisprudence
The article explains the Penal Code’s expansive definition of terrorism and its material and mental elements, the statutory offence types, penalties and preventive measures affecting banking transactions. It also summarizes Court of Cassation rulings emphasizing the psychological element (spreading fear) in defining terrorism.
Updated: 5 December 2021
Prepared and reviewed by: Ashraf Al-Khawaja
Legislative Definition and Scope
The Jordanian legislator adopts an expansive definition that covers positive acts, omissions or threats committed as part of an individual or collective criminal project when such conduct is capable of endangering public safety, spreading terror, inciting discord, harming the environment or public facilities, or compelling authorities. The broad wording is meant to capture evolving methods of wrongdoing and ensure consistent judicial application, but leaves practical scope dependent on judicial assessment of the conduct’s capacity to cause harm.
Material Element: Conduct, Suitability and Practical Forms
The material element centers on conduct (act, omission or threat) and whether it is capable of producing a harmful result for public safety or spreading terror — actual occurrence of the result is not required; the suitability suffices. The statute lists practical forms such as attacks on facilities, hostage-taking, manufacture or transfer of dangerous materials intended for terrorist use, suspicious banking transactions, occupation of locations and disabling constitutional rules. Practically, attempt, conspiracy and possession of hazardous means are punishable even if the intended outcome did not materialize.
Mental Element: General and Special Intent
Terrorism is a specific-intent offence: beyond general knowledge and will to act, the law requires that the perpetrator intend a particular goal such as disturbing public order, endangering community safety or spreading terror among people. Thus, mere use of violence is not sufficient — the perpetrator’s aim toward a socio‑security result is required. The actor’s personal motive or ideology does not negate liability where the specialized intent is established.
Penalties, Preventive Measures and Procedural Aspects
The statutory framework provides severe custodial penalties, with enhanced sentences where acts cause death, destruction or involve hazardous materials, and specific offences for attempt, manufacture/transfer of dangerous substances and hostage-taking. Procedurally, the public prosecutor may impose preventive measures on suspicious funds and coordinate with the Central Bank and other authorities to investigate and protect evidence, referring proven terrorist-related transactions to specialized courts. The law in certain cases treats completed offences and attempts equivalently for sentencing purposes.
Court of Cassation Jurisprudence and Practical Implications
Court of Cassation rulings have emphasized the psychological element of creating fear as central to distinguishing terrorist offences and held that special intent to compromise public safety or public order is essential for conviction. The courts also confirmed that attempt, conspiracy and conduct showing organizational planning ground criminal responsibility, and that sentencing is reviewed only to ensure it falls within statutory limits. Practically, these precedents expand prosecutorial scrutiny of suspicious financial operations and support charging terrorism where conduct is capable of public harm and the actor manifests the requisite special intent.
Legal notice
Notice: This content is general educational material summarizing the original article linked on the page and does not constitute legal advice. Verify statutory texts, articles, rulings, procedural provisions and amendments against the authoritative texts and consult a licensed Jordanian lawyer before taking any action.
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