The theoretical foundation of the institution of commission through omission

Abstract

Despite the fact that in foreign literature, especially German and Spanish, there are extensive debates regarding the concept of improper omission, together with the definition of crime, principle of legality, and the relevance of actions and omissions as criminal law figures, in Romania, discussions on these subjects seem rather modest. The present study does not have the goal of answering all the questions and problems that the institution of commission by omission raises. We rather attempted to analyse what is the theoretical background of the institution of commission by omission, and in what manner can we apply this juridical figure in order to properly understand and respond the questions it raises.