Criminal Law Concept : Introduction II
Criminal Law Concept : Introduction II
The importance of the subject is given as we intend to publicize the need for judges, lawyers and prosecutors not stop the application of this figure in cases appropriate to base with a dogmatic approach, thus avoiding the impunity that crimes committed jointly per subject and face a lack of precision in concept the most responsible, the heads of criminal gangs end being punished just as mere accomplices derisory sentences, or vice versa simply using involvement in co-authorship become disproportionate to penalties by participating.
In this paper, we determine the true meaning of article 23 seeking his genuine CP reaches the standard wings correlating and integrating other punitive provisions looking to throw some political and social assessments which inspired the legislature to regulate the forms of ownership and participation.
Therefore the question arises as to be interpreted the figure of the co-authorship? What is the dominant theory? As has been the high court case law interpreting the figure of the co-authorship? Essential elements allow us to differentiate co-authorship of the other forms of participation? What are the contributions that have come to be the authors and Peruvian and international jurists as Roxin, regarding the co-authorship.
With regard to the methodology is a comparative research, jurisprudence, law and legislation with Spanish doctrine among other theories, such as formal Teria objectively, and in Peru, “Teri domain of fact” establishing the principles and assumptions that allow order to differentiate and properly co-authorship and participation.
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Tags: criminal, Criminal Law, Criminal Law Concept, Heads of Criminal Gangs, Judge, law, Prosecutor