The Application of Mediate Authorship in the Organized Apparatuses of Power in the Ecuadorian Criminal Legal System

Abstract

This issue was raised because there is a problem that arises in legal praxis when judging the alleged perpetrators within a possible organization in apparatuses of power. It must be borne in mind that in order to do this, it is necessary to understand and comprehend what authorship is, and within this category, mediate authorship, in order to focus it on the organized apparatuses of power. In order to punish a person according to this position, all the necessary requirements must be proved, such as the mastery of the act, the fungibility of the immediate perpetrator or executor, the high availability, the position of authority, the existence of the organization and the power exercised in it. This issue causes a great deal of attention because in Ecuador there are cases in which the accused have been punished without being clear about what this dogmatic theory is referring to, not only in the sphere of the Attorney General's Office, but also in the authorities themselves, who issue sentences that deviate from the criteria.  Even from the defenders and perpetrators of this type of crime, such as Roxin or Greco. It is, therefore, that this work is embodied in a study on this subject that is elaborated after an analysis of the doctrine and a practical case that was presented in Ecuador, qualified as emblematic.