Authorship And Participation And Its Dogmatic Conceptualization.

A criticism of the definition in the Ecuadorian Integral Organic Penal Code

Abstract

This article aims to examine the various doctrinal approaches to the concepts of authorship and participation, addressing the unitary, extensive, and restrictive concepts of the author. Regarding authorship, it will explore the different forms recognized by criminal law doctrine, detailing their distinctive characteristics, the elements they comprise, and the essential requirements for determining which of these forms applies to the individual under investigation in a specific case. Furthermore, it will analyze the theoretical foundations that define the forms of authorship and participation, considering the structural elements that allow for their differentiation. In this context, the main categories of participation recognized by criminal legislation will be presented. Finally, particular attention will be given to a common interpretative error in criminal law: the confusion between indirect perpetration (a specific form of authorship) and inducement, which constitutes a form of participation. This distinction is essential for the proper legal classification of criminally relevant conduct.