The fact that the terrorism has so many typologies highlights that the category known as ‘terrorist criminality’ is not based on an ontological considerations but on a labelling power’s decision. It is necessary to avoid that criminal policy against terrorism reaches the punitive excess and become a system without guarantees, which will mean a warlike confrontation criminal law system. In order to accomplish this, it would be required to define terrorism by pointing two traditional elements out: the factual-structural component and the teleological one. The Jihadist terrorism has both elements in a clear and intense way. The 21st Century Criminal Policy has to take this into consideration if it pretends to supply the rule of law requirements.