Fundamentos para una interpretación alternativa de la cláusula del interviniente según la teoría de los delitos especiales
This article criticizes the valid jurisprudential thesis on the intervener provided in the final paragraph of article 30 of the Colombian Criminal Code, according to which the figure applies to the co-author of special crime without qualification, based on the theory of participation of extranei su...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7486075 |
| Source: | Derecho Penal y Criminología, ISSN 2346-2108, Vol. 39, Nº. 106, 2018, pags. 13-53 |
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| Summary: |
This article criticizes the valid jurisprudential thesis on the intervener provided in the final paragraph of article 30 of the Colombian Criminal Code, according to which the figure applies to the co-author of special crime without qualification, based on the theory of participation of extranei subjects in special crimes. According to this conception, it can only be an author who has the special quality required in the criminal type, without it being coming to resort to the domain of the fact, to substantiate the punishment as an intervener of the foreign co-author. For this purpose, a bibliographic review of the status of the matter in relation to the special crimes is carried out, the position of the Criminal Chamber of the Supreme Court of Justice is studied, and, in the end, an interpretation of the scope of the intervener is suggested. |
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