Coautoría y participación imprudente: desafíos y propuestas teóricas

This paper examines the need to regulate negligent co-authorship and participation in negligent offenses, emphasizing the doctrinal complexity and diverse perspectives concerning the attribution of criminal liability. It proposes a conceptual framework distinguishing perpetrators from accomplices to ensure fair application of Criminal Law. Through an analysis of theories such as control over the act, objective imputation, positive and objective determination of the act, and perpetrator functionality, the study reviews positions regarding the admissibility of negligence in co-authorship, illustrated by cases within the Peruvian context. Arguments in favor advocate for fair liability attribution based on the creation and surpassing of permissible risk, whereas criticisms warn against excessive expansion of Criminal Law. Modern theories may provide an appropriate framework to achieve proportional justice and uphold fundamental legal principles.