La responsabilidad penal por el hecho colectivo. Aspectos de derecho chileno y comparado

Abstract

The article aims to provide an answer to the problem of the basis of individual criminal responsibility for the collective acts in cases of conspiracy and criminal organizations. According to the author, the answer to this problem can be found in the risk created by the agreement of joint action by two or more persons, as already announced in Aristotle. To justify this, an analysis of comparative and international law and some of the main proposals made by domestic and foreign literature in the field is done.

Keywords

• conspiracy
• joint criminal enterprise
• colective acts
• individual liability