How to Cite
Abstract
This article sets forth a reconstruction of the structure of the accusation of indirect perpetration based on a certain approach to the theory of rules, of analytical orientation, and in direct reference to the German doctrine. The first step consists in clarifying the indirect perpetration position as a specific modality of offense mainly, related to breach of duty, characteristic of which is that the direct perpetrator, through whose behavior the offense is carried out, acts under lack of liability, without having this engage his action capability from all points of view. This gives us the clue to exactly determine, next, the reach of the so called principle of liability that means that the indirect perpetrator becomes qualified due to lack of liability of the direct perpetrator. The last part of this work examines, in detail, what this defect of liability is. Together with this we analyze, separately, several clusters of indirect perpetration. This work concludes with a criticism to the so called theory of crimes related to breach of duty in terms of the indirect perpetration cases committed by a non qualified fraudulent instrument.