Derecho penal del enemigo y autoría mediata. Exteriorización en el tercer Reich y en el caso colombiano a través del exterminio racial y los homicidios en persona protegida

Abstract

This project will develop the background of the normative system in criminal matters of the Third Reich, through the analysis of the postulates of the jurists of the Weimar Republic.

Subsequently, the criminal dogmatics of National Socialist Germany will be investigated, emphasizing the criminal law of the enemy, and establishing how the State coupled a normativity that directly and indirectly attacked certain individuals and groups that were considered enemies.

At this point, we will analyze the approaches that sustained the insolubility between attempt and completed act, the advancement of punishability and the prosecution of punishable preparatory acts, in the eyes of the National Socialist jurists. Next, it will be sought to determine what effects the relentless prosecution of crimes of abstract danger (many of which would not even constitute a crime in most contemporary modern democratic states) had in Germany and the occupied territories. It will be explained why the application of the criminal law of the enemy was counterproductive because of possible convictions of innocents and cruel and inhuman procedures.

On the other hand, the concept of perpetration-by-means will be studied and its configuration in the scenarios of the Third Reich and the Republic of Colombia in the reference period (2002 - 2010) will be supported, and its relationship with the application of the criminal law of the enemy will be established.

Finally, the reality of Colombia will be addressed and it will be determined how citizens considered hostile by the Colombian State have also been persecuted. To this end, we will observe the homicides of protected persons, the imprisonment of innocent people by means of sentences based on the advancement of punishability, in the 2002-2010 era.