Obligaţia contractuală şi răspunderea penală pentru omisiuni
The contractual obligation and criminal responsibility for omissions

Summary/Abstract: An improper omission can not incur criminal liability in absence of an obligation which stems from law, convention or from a previous action or inaction of the agent that created a state of danger for the protected social value. The voluntary assumption of the obligation to protect or control the source of danger represents, however, much more than a civil contract concluded by two or various parties. As the express regulation of commission by omission of the Romanian Criminal Code is similar to the one provided by the Spanish criminal law, the perspective of the Spanish doctrine and jurisprudence is relevant for the study of this institution.

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