On the application of the theory of dominance of will by virtue of organized apparatus: analysis of the social outburst in Chile

Abstract

According to the latest figures provided by the Human Rights Institute, there are currently a total of 2,873 proceedings initiated as a result of the events that occurred within the framework of the so-called social outburst, in which the Public Prosecutor’s Office has not yet been informed of the existence of persons charged. This reality makes it necessary to reconsider legal figures that allow criminal responsibility to be imputed to those individuals who, without having directly executed the crimes committed by members of the Carabineros de Chile, have the direction and supervision of such organizations. Therefore, this paper addresses the possibility of applying the theory of dominion of will by virtue of organized apparatuses of power, proposing an interpretation of the element of deviation from the law required by Roxin to give rise to this figure, to finally verify whether it is possible to sustain its application in the framework of the so-called social outburst.