Review article
https://doi.org/10.3935/zpfz.74.2.04
Causation in Criminal Offenses of Omission
Ivan Vukušić
; Faculty of Law, University of Split, Split, Croatia
Abstract
The paper introduces the characteristics of action and omission and their specifics. In particular, the reasons for the exceptional criminality of omission in civil and common law are analyzed, as well as the manner of resolving the situation when omission is accompanied by action, i.e. when there is concurrence of omission and action. Then, we start from the problem of causality by omission, examining the possibility of the existence of causality opposite to the principle of ex nihilo nihil fit. Considering different theories of causality, one comes to the conclusion that the theory of risk reduction and the legal determination of causality between omission and consequence are relative, because their purpose is to complement each other. Finally, the prevailing view of the causality by omission in common and civil law is presented.
Keywords
causality; omission; civil law; common law
Hrčak ID:
319108
URI
Publication date:
28.6.2024.
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