Análisis de la Coautoría Mediata o Indirecta en el Marco del Derecho Penal Internacional

Abstract

The investigation of the juridical figure "Mediate or indirect co-authorship" is addressed with the teleology of expanding the knowledge of a figure little known and used, but that has been key to providing solutions to cases of crimes of international character, where this theory is separated from the unitary character of author and is based on the domain of fact and participation without leaving the autopoietic framework of the ICC, achieving the responsibility of agents who are effective leaders within the chain of criminality subject to the existence of a criminal organization. This study will be approached from a context that is mainly jurisprudential, but also dogmatic, and will specifically establish its impact in the framework of International Criminal Law. For this result, the study of primary sources or lines is used (art 21.2) referring to the tools provided by the RA regime and developed by the International Criminal Court in previous decisions with which it is intended to carry out in a comprehensive manner the constituent and qualitative elements of indirect co-authorship together with its philosophical and legal basis, which will be approached from a hermeneutic and exegetical approach to consider those jurisprudential lines as an equivalent with binding force in the figures introduced in the DPI.