Transformations of the concept of authorship: The case of organized criminal power apparatuses in the Colombian context.
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Keywords

Social and democratic rule of law
expansionist currents
apparatus
organized criminal apparatuses of power
authorship
co-perpetration
inducement
determination
perpetration-by-means
perpetration-by-means in criminal apparatus

How to Cite

Transformations of the concept of authorship: The case of organized criminal power apparatuses in the Colombian context. (2013). Cuadernos De Derecho Penal, 10, 27-51. https://doi.org/10.22518/20271743.323

Abstract

The text analyzes the transformations imposed in Colombia by dangerous authoritarian currents that, in the field of criminal law, trample the rule of law and dilute centuries-old achievements of liberal criminal law. In this context, it addresses the discussions on the competition of persons in the crime and, specifically, the imputation within the so-called organized criminal apparatus of power, with respect to which it warns its distinction with figures such as co-perpetration, conspiracy to commit a crime, common or joint criminal enterprise and the criminal liability of the superior. It also addresses the Colombian doctrinal and jurisprudential discussion on how the punishable conduct of those who commit crimes within these apparatuses should be assessed.

PDF (Spanish)