The attempt and the beginning of the execution of the typical conduct. The organized apparatus of power

Abstract

An unfinished attempt of the crime of aggravated homicide is established when the perpetrators have begun the execution of the punishable act by carrying out acts that are socially appropriate and univocally aimed at their criminal intent, which are specified in arriving at the site, locating the vehicle, carrying the explosive ready to be activated, stalking the victim for a long time, and only waiting for the moment when the victim would board the vehicle, to proceed to approach, attach the device, and cause the explosion. Likewise, those who give the orders within a criminal organization that has the structure of the organized apparatus of power have the condition of improper material co-perpetrators by division of labor, and not of perpetrators-by-means as postulated by Professor Roxin.