COMMITMENT OF CRIME BY OMISSION

Abstract

This article deals with the particular aspects regarding the situations in which crimes are committed, committed by omission or inaction. Any human act is done by the externalization of a person's conduct, which can take the form of an action or an inaction. In a narrow sense it represents the act committed and represents the central part of the crime because it is the actual criminal activity. The ways of achieving the material element of the crime are action and inaction. Inaction implies refraining from what the law orders to be done by persons who, according to the law, had a legal obligation to act. In order for the inaction or omission to constitute the material element of the objective side of the crime, it is necessary that this abstention ”be an external and undoubted manifestation of the will, be unjust and be causal”.