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Submitted January 28, 2021
Published 2021-01-28

Artículos

Vol. 5 No. 1: Orbis cognita

Principal by Proxy in German Criminal Theory


DOI https://doi.org/10.48204/j.orbis.v5n1a1

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References
DOI: 10.48204/j.orbis.v5n1a1

Published: 2021-01-28

How to Cite

Arenas-Nero, O. (2021). Principal by Proxy in German Criminal Theory. Revista Científica Orbis Cógnita, 5(1), 1–15. https://doi.org/10.48204/j.orbis.v5n1a1

Abstract

This paper explains how Principal by Proxy has been understood in German criminal theory. For this, the bibliographic review technique of different German authors regarding the subject was used. Free translations of German theoretical and normative texts were also carried out. One of the most relevant points of discussion was that of the control of the will can occur through a control of the will by virtue of coercion, a control of the will by virtue of error, and a control of the will by virtue of government organized of power. In it, it was concluded, among others, that there is Principal by Proxy in the domain of the will by virtue of error when the subject who acts as a means in the fact does so without intent; or acts with error of prohibition; or when the executor mistakenly assumes circumstances that release him from all responsibility; or when the subject behind sees or understands the magnitude better.

 

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