La autoría mediata por dominio de un aparato de poder como instrumento para la elaboración jurídica del pasado

Abstract

In some Latin American courts, like in Argentina and Perú, and as well in Germany after the fall of the Berlin Wall the notion of indirect perpetration through organized structures of power created by Claus Roxin in 1963 has been applied. The notion of indirect perpetration through organised structures of power has come to play today a key role not just in portraying the criminal liability of senior political leaders and high military commanders that make use of the organizations that they control to effect the commission of the crimes, but as well as an instrument for the legal elaboration of the past dictatorships.