Autoría mediata a través de aparatos organizados de poder. Tras la sombra del mando fugitivo: del dominio y la instrumentalización del delito
In principle, perpetration-by-means (command responsibility; indirect perpetration), arises from the need for filling gaps in the German criminal law as a consequence of a restrictive view of the concept of perpetrator, so this entity was progressively developed because beyond conceptual and doctrin...
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| Main Authors: | , , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad de Medellín
2013
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| Subjects: | |
| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4523573 |
| Source: | Opinión Jurídica: Publicación de la Facultad de Derecho de la Universidad de Medellín, ISSN 1692-2530, Vol. 12, Nº. 23, 2013, pags. 81-98 |
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| Summary: |
In principle, perpetration-by-means (command responsibility; indirect
perpetration), arises from the need for filling gaps in the German criminal law
as a consequence of a restrictive view of the concept of perpetrator, so this
entity was progressively developed because beyond conceptual and doctrinal
directions, it was understood as a legally viable construction for determining
criminal responsibility of mediators during the Nazi regime through the theory of
indirect responsibility in organized power structures. In this respect, the reference
to it within provisions of the Colombian legal system is made through Article 29 of
current Criminal Code, since this Code establishes that a perpetrator is that person
involved in a criminal conduct by using another person as the instrument. This
theory, originally established by Claux Roxin, is applied as a need for approaching
issues such as criminal responsibility of several heads of a hierarchical and
organized structure for crime perpetration |
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