ИЗВРШИЛАШТВО И САУЧЕСНИШТВО КРОЗ НЕЧИЊЕЊЕ
COMMISSION AND COMPLICITY BY OMISSION

Summary/Abstract: Criminal offenses committed by omission or failure to act duly are in many respects specific and distinct from offenses committed by acts and are, therefore, considered structurally different and cannot be equalled. Commission by omission is stipulated as a criminal offense in Article 15 of the Criminal Code, while the law makes no mention of complicity by omission to act (instigating and aiding). Complicity by omission is, therefore, determined by theoretical considerations which are based on general and specific provisions of the Criminal Code and jurisprudence. Omission by an accomplice to act contributes to the commission of an offense through some form of failure to act duly. Legal duties are functionally associated with a specific guarantor of such duties and by omitting to act on any duties assumed or imposed by the law such guarantor becomes an offender. In this context, the guarantor as an accomplice by omission (explicitly abettor) may become relevant and contribute to the commission of an offense.

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