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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
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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