Complicity by omission: doctrinal analysis and proposal

Abstract

The relegation of complicity by omission to the responsibility of the author, due mainly to understanding of the functions fulfilled by the position of guarantee, results from the usual treatment proposed by doctrine in this matter. This has led to the fact that it is impossible to appreciate the characteristics of a possible omission, and that in many cases the presence of the guarantor position automatically rules out any form of intervention other than authorship. The aim of this work is to make a com¬pilation of such circumstances and to propose a conception of accomplice by omission with the characteristics of a guarantor. The foregoing is achieved through the application of the recognized synallagma freedom/responsibility, added to the unification of doctrinal criteria scattered in the literature, which, applied in an orderly and systematic manner, can be useful to legal praxis.