Indirect perpetration through organised structures of power (Organisationsherrschaft) is a mode of liability used to convict perpetrators who commit crimes while “sitting at their desk”. According to traditional modes of liability, the leader of an organization, who does not directly participate in a commission of a crime, could only be held liable as an instigator or an abettor, which is generally considered inaccurate in respect to his actual contribution. This theory proves that a leader of an organization exercises effective control over the commission of the crime through the apparatus when physical perpetrators are interchangeable at will and have no ability to influence whether the crime will be committed, even though they can fully choose whether they will participate in it. The author starts by introducing the theory in depth, demonstrates its use in cases before courts in Germany, Argentina, Peru, Colombia, Chile and International Criminal Court in The Hague and considers some of the most common critiques and responds to them. In the end, the author evaluates whether Slovenian Penal code offers basis for the use of this form of indirect perpetration.
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