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Articles received by April 30 can be published in the first semester, and those received by September 15 can be published in the corresponding second-semester issue.

Against indirect perpetration by organization control: a brief approach from the German doctrine

Authors

  • Italo Reyes Romero Estudiante de Posgrado de la Universidad de Bonn en Alemania

Abstract

The paper aims to justify the negation of the construction of indirect perpetration by organization control, because its elements are problematic and contradictory with principles of the participation theory. Especially the fungibility of the executants establish an alien feature in regard to the criminal imputation of the direct perpetrator, who acts in a completely responsible way. That leads to exclude the authorship of the hierarchical superior who gave the criminal order and affirm his responsibility as instigator.

Keywords:

Indirect perpetration by organization control, responsibility of the hierarchical superior