Dominio de la voluntad mediante estructuras organizadas de poder: posibilidad de aplicación en el caso del conflicto armado con la guerrilla de las FARC-EP
In the context of the armed conflict with farc-ep, most of the crimes are planned and defined by the guerrilla group senior commanders which, despite not intervening materially in the execution of the penal offenses, are those who make use of a series of subordinates who are part of an entire hierar...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2022
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8767518 |
| Source: | Derecho Penal y Criminología, ISSN 2346-2108, Vol. 43, Nº. 115, 2022, pags. 111-168 |
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| Summary: |
In the context of the armed conflict with farc-ep, most of the crimes are planned and defined by the guerrilla group senior commanders which, despite not intervening materially in the execution of the penal offenses, are those who make use of a series of subordinates who are part of an entire hierarchical organization. In the face of this complex criminal intervention, it is then necessary to determine, under what form and on what ground, criminal policy and dogmatically coherent, criminal liability will be imputed to those most responsible. In view of the insufficiencies of the answers of the classical guidelines of the concurrence of persons in the commission of crimes, carried out in the specific way described, Claus Roxin’s dogmatic proposals in criminal law are truly viable and integral to face the problem. The aim is to affirm the criminal liability, in the event that the criminal process has been concluded in this regard, of the maximum responsible based on the figure of perpetration-by-means by virtue of the organizational control. Consequently, it is appropriate to carry out a careful study of the applicability of this theory in the Colombian legal system, including definitely, the normative framework of Havana agreements signed with farc-ep. |
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