Acción y omisión en la infracción de deberes negativos en derecho penal

Abstract

This article presents a proposal to make a distinction between negative and positive duties as basis of criminal liability. It focuses on the negative duties and the ways of its infringement distinguishing between the infringement by action and the infringement by omission the negative duty. The article aims to highlight the need to interpret the criminal norm that creates Substantive Offences (Special Part) according to the existence of negative duties (and positive duties) beyond the distinction between prohibitions and mandates.