Acte tipice de limbaj: controlul asupra unei organizaţii
Criminal speech acts: the case of control over an organisation

Summary/Abstract: The aim of this article is to present crimes grounded in the control over an organisation through an expanded version of the action-result, commissive imputation. Such claim is legitimate if and only if it makes sense to assert (1) that orders are actions and (2) that the order and the subsequent criminal harm are causally related. Both problems can be satisfactorily solved if we analyse orders as speech acts in the performative context of the organisation. This approach, while conserving all the essential traits of the control over the organization identified by Roxin, recasts them according to a distinction between those that separate the order as speech act from the mere utterance and those that ensure the final effect of the order is consistent with its content. The first category establishes the order as action capable of bringing about the result, while the second one deals with the causal efficiency of the order itself. The author maintains that, in the context of the organised power apparatus, causation is essentially institutional, relying on rules and procedures alone to guarantee that the result is a certain and adequate expression of the will of the commander.

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