Is the agreement necessary for coperpetration? A critical review acording to theory of action

Abstract

The purpose of this article is to question the traditional thesis of the "common plan" or “agreement” according to which criminal co-perpetration requires an agreement, common plan or joint decision. To this end, this conception is analyzed and then contrasted with the criticisms that have been raised by several authors. Having stated the above, this issue is analyzed from the perspective of the theory of collective intentionality in order to establish the criterion that would satisfactorily differentiate those collective actions that characterize co-perpetration. Finally, the application of the above is analyzed with regard to chilean legislation and two cases resolved by the courts of the same country.