Revista chilena de derecho
versión On-line ISSN 0718-3437
MANALICH R, Juan Pablo. FELONIOUS ORGANIZATION: BASIS FOR ITS DOCTRINAL CONSTRUCTION IN CHILEAN CRIMINAL LAW. Rev. chil. derecho [online]. 2011, vol.38, n.2, pp. 279-310. ISSN 0718-3437. http://dx.doi.org/10.4067/S0718-34372011000200005.
The article proposes a differentiation of three analytical levels for the doctrinal reconstruction of the phenomenon of organized crime, according to the specific function displayed by the organizational factor in each case: the function of context, object or subject of criminal responsibility. The problem of determining the pertinent forms of principal intervention in the realm of hierarchal organizations is reviewed at the context-level. At the object-level, the article argues in favor of the autonomous wrongdoing of unlawful association. And at the subject-level, by direct reference to the grounds of responsibility established by Act 20.393, the possibility of construing a concept of culpability for character is considered, in order to give basis to criminal corporate liability.
Palabras clave : organizations; principal intervention; unlawful association; criminal corporate liability; culpability for character.