Abstract

HUERTAS DIAZ, Omar; AMAYA SANDOVAL, Carolina  and  MALTE RUANO, Germán Darío. Indirect responsibility through organized power structures. ''Tras la sombra del mando fugitivo'': on mastery and indirect perpetration of the crime. Opin. jurid. [online]. 2013, vol.12, n.23, pp.81-98. ISSN 1692-2530.

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.

Keywords : Indirect responsibility; mastery of the will; organized power structures; hierarchical structure; instrument.

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