Revisitando los delitos propios de omisión a la luz de la doctrina clásica y de la más reciente

Laburpena

The Spanish Criminal Code (CP) admits both action and omission among the modalities of human conduct that are susceptible to being punished as a crime. We consider such "omission" as the failure by the citizen to carry out that behaviour that the legal system would have expected on his part, in a certain situation. Among the types of crimes of omission that our CP contains, this paper focuses, on one hand, on those offences which consist simply of an omission of a due behaviour (“delitos propios de omisión”) and, on the other hand, on those one which consist of an aggravated omission committed by a guarantor (“delitos propios de omisión agravados o de garante”). Following some examples, we study the elements of both categories of crime, the similarities and differences between then. We also confirm that some of the offences recently introduced in Spanish CP (for example, arts. 173.1.2 and 382 bis CP) fit into one of such types. Finally, this paper analyse those cases where someone participate in the crime of another person through an omission.