The Criminal liability of commanders or leaders of criminal organizations. Improper material co-perpetration, criminal enterprise and illicit association. Doctrine is reiterated

Abstract

The commanders or leaders of criminal organizations that act outside the law have the condition of co-perpetrators, in the understanding that the militants of such groups share not only the ideals, but also the policies of operation and, therefore, the responsibility for the criminal acts ordered by the heads commits as co-perpetrators, both those who execute them, as well as those who ordered them, without, then, there is no place for the configuration of the institute of determination. In these events we are dealing with cases of improper material co-perpetration, a construction that takes place when among the persons who concur in the commission of the crime there is a division of labor, a figure also called "criminal enterprise", since all perform a part of the crime, even some perform objectively inconsequential or atypical behaviors, not for that reason unpunished, as when someone simply waits for other members of the illegal association in a car outside the place where the crime is committed, with the purpose of transporting them once they have completed their task.