Abstract

SALGADO GONZALEZ, Álvaro; SERPA SUA, Edgardo  and  GARCIA TARRA, Carolina. Applicability of Mediated Perpetration through Organizational Control in Colombia: A Comparison with German, Peruvian, and Argentine Legal Systems. Prolegómenos [online]. 2023, vol.26, n.52, pp.117-130.  Epub Dec 15, 2023. ISSN 0121-182X.  https://doi.org/10.18359/prole.6335.

Due to the evolution of criminality, it became necessary to think about new ways of attributing responsibility to those agents who do not participate directly and often not even closely in the punishable act. Much of criminal doctrine began to provide solutions for the judicialization of macrocriminality, which were proposed within the context of their domestic legal systems. Among the range of solutions offered, one stands out, developed by Claus Roxin, who grounds the responsibility of superiors on a reformulation of mediated perpetration, conceiving it as control over the organization. This postulate was accepted and applied by legal systems beyond the theorist's nationality, such as in Peru or Argentina, and in the last decade, attempts have been made to apply it in Colombia. However, as legal traditions have been adopting this postulate, we conducted a microcomparative research focusing on mediated perpetration as a legal and penal institution present in the chosen legal systems. The aim was to determine the unique characteristics of German, Peruvian, and Argentinean systems to verify the applicability of this theory in Colombia. The results showed a margin of exceptionality, meaning a rather limited framework in which the application of the theory of responsible instrumentality becomes possible.

Keywords : Organized Power Structures; Mediated Perpetration; Instrumentalization; Macrocriminality.

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