Citas bibligráficas
Saldaña, L., (2023). Criterios de atribución y aplicación de autoría mediata por dominio de organización empresarial [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/10772
Saldaña, L., Criterios de atribución y aplicación de autoría mediata por dominio de organización empresarial [Tesis]. PE: Universidad Privada Antenor Orrego; 2023. https://hdl.handle.net/20.500.12759/10772
@mastersthesis{renati/381857,
title = "Criterios de atribución y aplicación de autoría mediata por dominio de organización empresarial",
author = "Saldaña Monzón, Luis Miguel",
publisher = "Universidad Privada Antenor Orrego",
year = "2023"
}
Article 23 of the Penal Code establishes that the perpetrator of the crime, as appropriate, is the one who performs the act himself in reference to direct authorship, understanding that the agent subject performs the entire phase of the iter ctriminis such as the idea, the acts preparations, the execution phase until reaching the consummation phase or the expected result. In the same way, said stable provision that is the author who performs the act through another, referring to the existence of a person called ““man behind““ who dominates the act and also the will of the instrument, which executes the realization of the criminal act but without criminal responsibility, as in the cases of minor instruments of childhood, for example, up to twelve years of age, people who act with an invincible criminal error, among others. Having to maintain that the ““man behind““ has criminal responsibility while the instrument does not have criminal responsibility for its own condition, whether it is a minor (infant) or, in its case, a person who does not know one or more elements of the objective type (error of type invincible penalty – crime theory). Professor Claus Roxin in 1963 published to the world of Law the extension of the average authorship by domain of the power organization, in which both the ““man behind““ and the instrument have penal responsibility, as long as it is a structure of power that has been created within the legal framework, but that departs from legality with the purpose of committing crimes, which are guidelines issued from the top of the organization and have passed vertically to the people known as instruments who likewise it is fungible in nature and they are there and carry out the orders. 8 However, as Professor Roxin himself maintains, this is applicable to state or para-state organizations, as in Peru it has been applied to the Case of Alberto Fujimori and the Colina Group, and also the case of Terrorism, Abimael Guzmán and Sendero Luminoso. However, we consider that the advance of crime and the creation of legal persons, the globalization of trade, mining activities and new crime policies to combat crime, make it necessary to expand and set attribution criteria that allow the State, the Public Prosecutor's Office, Power Judicial and National Police of Peru, combat crime from the point of view of mediate authorship by domain of the business organization and not have stagnation in theoretical aspects based on article 23 of the Penal Code.
Este ítem está sujeto a una licencia Creative Commons Licencia Creative Commons