Empresa criminal conjunta como forma de imputación a título de coautoría y participación
The criminal liability based under modalities related to authorship and participation becomes obsolete by the crimes committed during the twentieth century, particularly those carried out by groups linked to the State. These concepts would undermine mainly those referred to the small offender, by th...
| Authors: | , |
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| Format: | article |
| Status: | Published version |
| Publication Date: | 2020 |
| Country: | Ecuador |
| Institution: | Universidad Central del Ecuador |
| Repository: | Revista Derecho Penal Central |
| Language: | Spanish |
| OAI Identifier: | oai:revistadigital.uce.edu.ec:article/2753 |
| Online Access: | https://revistadigital.uce.edu.ec/index.php/derechopenal/article/view/2753 |
| Access Level: | Open access |
| Keyword: | Coautor Partícipe Empresa Criminal Conjunta Dominio del Hecho Tribunales Internacionales Tribunal Internacional para la ex Yugoslavia Co-author Joint Criminal Enterprise Dominium of the fact , International Courts International Courts International Criminal Tribunal for the former Yugoslavia |
| Summary: | The criminal liability based under modalities related to authorship and participation becomes obsolete by the crimes committed during the twentieth century, particularly those carried out by groups linked to the State. These concepts would undermine mainly those referred to the small offender, by the which gradually grew pale in the face of the mass genocide in the former Yugoslavia, the ad hoc Court established new legal bases to attribute responsibility to the members of the group for acts committed by one of its members, which constitutes the object of study: the doctrine of the Joint Criminal Enterprise. To appreciate the solution provided by this criminal doctrine, we will discuss the problem of imputation that generates the traditional criteria of imputation concerning criminal groups. |
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