Abstract
The present article aims to perform a critical analysis of the denomination ofcollaborative actions as neutral and how this has affected ist proper treatment as complicity inthe German doctrine and jurisprudence. These are behaviors that appear to be harmless, butenable the realization of a crime through its execution or omission, raising the question aboutthe conditions (objective or subjective) that must be verified in a collaborative behavior in or-der for a subject to be attributed as title of complicity the unjust committed by another. Afterexposing the theoretical problem that this category aims to cover, we will try to demonstrate,in first place, the incorrectness of the denomination and, with it, the habitual starting point forthe treatment of this group of cases, this is to analyze the assumptions under which a behaviorloses its neutral character. Secondly, it is intended to demonstrate that the identification of thisgroup of cases corresponds to a real dogmatic problem that must be addressed by the criminallaw under the subsumption analysis proper to the complicity scheme.
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