La accesoriedad de la participación frente a la discusión acerca de la comunicabilidad en los mal llamados “delitos especiales impropios”.

This paper aims to be a contribution to the discussion of the so-called "communicability problem", by stating that there is no such problem that can be solved in a sole way for all types of criminal intervention. The analysis will focus on the accessory intervention of the figures of incitement and complicity, beginning with (1) a proposal for understanding both figures as forms of imputation of an auxiliary conduct to the main conduct of the perpetrator. Subsequently, (2) the structure of the so-called "improper special offences" will be analyzed, focusing on the distinction between offence and punishable act. From this distinction, the discussion on the communicability of personal circumstances to extranei participants will be reviewed from the understanding of the imputation structure of participation as an accessory conduct. To this end, (3) the main arguments against the immutability of a punishable act qualified by personal elements to extranei will be presented (4) by focusing on the interpretative controversy that has arisen around article 64 of the Chilean Penal Code. After presenting a proposal for interpretation that distinguishes between circumstances modifying the penalty and elements modifying the wrongful act, (5) this thesis will be contrasted with the proposals that favor the so-called "limited communicability" that defend the "rupture of the imputation title" for cases of punishable acts qualified by personal elements. (6) It will conclude with a brief outline of what should be the solution in cases of principal intervention in a punishable act, namely, the intervention of extranei indirect perpetration and coperpetrators. [ABSTRACT FROM AUTHOR]