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Two issues of improper omission in Chilean criminal law: The basis of their punishability and the punishability of result-crimes from specified means and modes

Authors

  • Alejandro García Cubillos

Abstract

In the first part, this paper analyses legal foundation’s alternatives for improper omissions in Chilean criminal law and delves into the option that it considers most acceptable: the basis is gotten from each criminal description of the special part. Additionally, this paper denies the existence of a general clause punishing improper omission in Chilean criminal law. In the second part, it analyzes the punishability of improper omission based on the distinction between result-crimes and behavior-crimes.

Keywords:

ommision, improper omission , result-crimes, behavior-crimes, principle of legality, analogy in malam partem