Some reflections about the concept of omission

  • Valentina Dipșe Faculty of Law, University of Cantabria
Keywords: action, omission, General Theory of Crime, typical realization way


The dogmatic concept of omission has evolved in literature in parallel with the development of the General Theory of Crime and the dogmatic concept of action. Therefore, to explain the omission, as a possible form of appearance of the crime, the Criminal opinion advocated for its integration in a supraconcept or “general concept of action” or for its independent construction. Even though the contemporary Criminal Doctrine, for the most part, admits the impossibility of formulating a common conceptual unit -action and omission-, there are still divergences regarding the nature of the omission and the functions that the dogmatic concept of omission is called to fulfill within the General Theory of Crime; questions that, through a critical review of the different dogmatic concepts of omission, are addressed in this paper.