Law 5110 Study Guide - Quiz Guide: Mens Rea, Special Relationship
Document Summary
Omission liability forms and statutory duties: introduction. Omission liability is seen with skepticism - its scope is very broad. Modern criminal law increasingly accepts and incorporates omissions and duties of care. Criminal liability in omissions arises in two forms: Through statute (failure to act, imposing a duty of care) [proper]; Offences, defined in terms of positive acts can be committed by people by not doing anything. English: distinction between offences of mere omission and of omission causing a result; Germany and netherlands: proper and improper crimes of omission: statutory duties of care (or proper crimes of omission) Especially in the business sector, general standards of diligence become more and more important. Enforced by proper crimes of omission: duty of parents to take care of their children; duties imposed on traffic participants. There is an increase in omission liability, e. g. general duties to report. D+nl: paradigm of statutory omission: "good samaritan" or "easy rescue statutes" (art.
