Some aspects of the structure of omission crimes

Abstract

The text examines the structure of omission crimes, starting from the differentiation between action and omission and the insufficiency of the criteria of energy, causality and the point of gravity of conduct. It argues that omission is a modality of valued conduct, with an axiological and not ontological foundation, and that its relevance derives from the duty to act and the protection of the legal interest. It analyzes the application of the condition theory to omission, the increase of risk as a complementary criterion, the distinction between proper and improper omission crimes, the guarantor position and the equivalence clause, concluding that express provision of improper omission crimes in the Special Part is necessary, under penalty of offending the principle of legality.