Criminal Law Concept : General Concept II
Criminal Law Concept : General Concept II
CONDE MUÑOZ, Francisco 2.002-CRIMINAL LAW-party General-Editing Editorial 5ta.-Valencia-TIRANT BLANCH. 56 pp. MIR PUIG, Santiago 1.998-CRIMINAL LAW-Party-General, the 5th edition Barcelona. Editorial TECFOTO S.L. PEÑA CABRERA, Raúl.1 ,997 He tried CRIMINAL LAW – Programmatic Study of the General. 3rd. edition Grijley E.I.R.L-Editor
Welzel Hans tells us that the co-authorship is authorship, its particularity is the fact that the domain unit is common to several people. Co-author is who possess the personal qualities of the author carries the joint decision regarding the fact and by virtue of it taking part in the commission of the crime. The independent co-authorship is a form of authorship and is based on the principle of division of labor. Each co-turn complemented by the fact that of all others in the offense: therefore also account for the crime.
Co-authorship is, subjectively, community spirit and objectively, a division of tasks of importance of the contributions. It is indeed the domain of functional, through the distribution of agreed contributions. Fluency in fact not exercised unfair one, but all through a joint and mutual fulfillment.
Enrique Bacigalupo co defines those who take part in the commission of the crime codominado the fact. As stated, the existing law Argentinean, Colombian, Spanish, Mexican and Venezuelan gives no express rule on co-authorship. The Co-authoring depend not dogmatic in their existence express legal recognition, as it is – as the author mediate-implicit in the notion of the author.
Finally, we consider the co-authorship occurs when several people, after the conclusion of a common agreement – carried out a joint fact way through an objective contribution to its realization; this figure, then, is also based on the domain of fact – that here is a collective – by which each co-dominates the event in conjunction with another or others.