Los delitos de omisión impropia como delitos especiales y de dominio positivo del hecho. Repercusiones en materia de autoría y participación

Abstract

One of the most difficult questions of commission by omission crimes is the definition of author and participant, discussing even the possibility that it can distinguish between the two. The diversity of the solutions proposed in this area is a reflection of the different methodological basis adopted in the construction dogmatic commission by omission crimes. In this paper commission by omission crimes are considerate as special crimes and positive control. This means, on the one hand, the delimitation of the circle of potential authors, and the other, the need for the omissive author to have an identical control fact that commisive author. This has major implications in terms of authorship and participation.