Mediate Authorship in The Transitional Process: A Jurisprudential Analysis of the Colombian Case

Abstract

The main objective of this article is to carry out an analysis of the theory of mediate authorship in organized structures of power, considering the doctrinal contributions of Professor Claus Roxin. In this sense, a first part will be oriented to the study of the background of the theory in question, to then propose a jurisprudential analysis of four sentences issued by Superior Courts of the Judicial District in Colombia in the Justice and Peace chambers, where it is evident the application of mediate authorship through organized power structures. For methodological purposes, the hermeneutic paradigm was used through documentary review, using the deductive method for the theoretical development of the article. In this sense, the main criteria for the structure of the analytical jurisprudential analysis were (i) the application of the theory of mediate authorship in the arguments of the Courts and the referral made to the German teacher Claus Roxin, (ii) the plurality of victims and criminal patterns and (iii) the study of cases to geo-reference the structure of the demobilized United Self-Defense Forces of Colombia (AUC). Thus, the result is that in the AUC blocs examined the orders were part of the group's policies, were given by superiors and were part of a generalized policy of the illegal armed organization.