Empresa criminal conjunta como forma de imputación a título de coautoría y participación

Abstract

The criminal liability based under modalities related to authorship and participation becomes obsolete by the crimes committed during the twentieth century, particularly those carried out by groups linked to the State. These concepts would undermine mainly those referred to the small offender, by the which gradually grew pale in the face of the mass genocide in the former Yugoslavia, the ad hoc Court established new legal bases to attribute responsibility to the members of the group for acts committed by one of its members, which constitutes the object of study: the doctrine of the Joint Criminal Enterprise. To appreciate the solution provided by this criminal doctrine, we will discuss the problem of imputation that generates the traditional criteria of imputation concerning criminal groups.