teoria do domínio do fato => Tatherrschaft — dominion over the act

In German doctrine, the figure of «Tatherrschaft» (dominion of the act) has been developed by my famous Munich colleague Claus Roxin and has been, to some extent, accepted by German jurisprudence. Anyway, it is clear that the liability of mere accomplices, instigators, aiders and abettors is derived from the liability of the main perpetrator which is called in German «Akzessorietät», in French «emprunt de la criminalité», in English «derivative responsibility».

For instance, the German Federal Supreme Court has developed a doctrine of «Organisationsherrschaft» (dominion of an organisation) to hold leaders of an organisation – a state, a company, a criminal organisation – liable as main perpetrators even if they neither planned nor explicitly ordered the offence. ([11])

A possible general theory might be the so-called «Lehre von der objektiven Zurechnung» (theory of objective imputation) where risk-creation and risk-realization are central concepts which might be very useful for a normative model of participation
http://www.defensesociale.org/revista2002/10.3.htm

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The German theory of Tatherrschaft—literally, dominion over the act—does not ... most closely associated with a criminal law scholar, Claus Roxin, who is best