Unele reflectii asupra conceptului de omisiune

Abstract

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. Theref ore, to explain the omission, as a possible form of appearance of the crime, the Criminal opinion advocated for its integration in a supra concept or "general concept of action" or for its independent construction. Even though the contemporary Criminal Doctrine, for the most part, admits the impossibility of f ormulating 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 ful.fill within the General Theory of Crime; questions that, through a critica[ review of the diff erent dogmatic concepts of omission, are addressed in this paper.