Review article
On the Criterion for Distinguishing Genuine and Non-Genuine Acts of Ommission
Igor Martinović
; Faculty of Law, University of Rijeka, Rijeka, Croatia
Abstract
With a view to setting up a theoretical basis for a discussion on crimes of omission, the author examines the distinguishing features of omission as a form of action. He then proceeds to show the most commonly used criteria for differentiating between “genuine” and “non-genuine” crimes of omission. On the basis of this analysis, the criterion that best suits the general purpose of offence categorization is selected. Furthermore, the meaning of guarantee duties is discussed as well as possibilities of mitigating punishment.
Keywords
omission; genuine crimes of omission; non-genuine acts of omission; guarantee duties
Hrčak ID:
138071
URI
Publication date:
26.2.2015.
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