Failure (Italy)

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In Italian criminal law, omission ( it. Reato omissivo ) refers to azione (action) as a way of committing the offense. Omissione and azione together form the characteristic condotta (behavior).

Differentiation between reati omissivi propri and impropri

Comparable to the demarcation in German law of real and spurious omission offenses, Italian criminal law also recognizes two types of omission offenses : reati omissivi propri and impropri. However, what the delimitation feature should consist of has not been conclusively clarified. Marinucci / Dolcini try to do this using the attribute of success attribution. The reati omissivi propri attribute a certain success to the offender , while the impropri have a mere omission as a condition (which of course can also lead to success).

A second view, on the other hand, refers to the formal criterion of whether the offense is expressly provided for by the legislature (then propri ) or merely results from the combination of Art. 40 Para. 2 cp (obligation to prevent success) with the offenses of the special part . Genuine omissions, d. H. those that are explicitly designated by the legislature as offenses to cease and desist are, for example, failure to provide assistance (Art. 593 cp) or failure to report a crime against the existence of the state (Art. 364 cp).

Features of the reato omissivo proprio

The characteristics of the reato omissivo proprio are:

  1. Situazione tipica (situation typical of a crime): Genuine omission offenses describe a situation typical of a crime in terms of the prerequisites for the offense; in the case of failure to provide assistance, for example, the dangerous situation of the person in need.
  2. Condotta omissiva (failure to act): In this typical crime situation, the perpetrator fails to act, although
  3. the possibilità materiale (also possibilità di agire; ability to act) exists. This is negated, for example, if a non-swimmer does not rush to the aid of a drowning person.

literature

  • Manfred Maiwald : Introduction to Italian criminal law and criminal procedure law . Peter Lang, Frankfurt am Main 2009.
  • Giorgio Marinucci and Emilio Dolcini: Manuale di diritto penale, parte generale . 2nd Edition. 2006.

Individual evidence

  1. ^ A b c d Manfred Maiwald : Introduction to Italian criminal law and criminal procedure law . Peter Lang, Frankfurt am Main 2009, § 11 III.