This work deals with the state’s view of the applicability of the Criminal Law of the Enemy against the crime of terrorism. In a context of penal expansionism, fostered by the strengthening of the idea of a global risk society, there has been an upsurge in punishments for serious offences such as terrorism. This behaviour has created the necessary space for the adoption of punitive measures by the state aimed at protecting the legal assets that are essential to society, one of the most controversial being the Criminal Law of the Enemy.