Autoría y participación en delitos de omisión impropia : la masacre de El Salado

Abstract

The improper omission is a criminal figure through which criminal liability is imputed to the guarantor who omits a legal duty to avoid a harmful result and, therefore, the crime is imputed to him as if he himself were actively executing the punishable conduct. On the other hand, authorship and participation are titles of imputation of the crime that allow to graduate the intervention, according to the contribution that the subject provides in the production of the crime. This article analyzes whether the special duty of guarantee is always the basis of authorship or whether it is possible to distinguish between authorship and participation by omission. Specifically, the degree of participation attributable to the guarantor, member of the military forces, which does not prevent the materialization of a harmful result executed by third parties, will be specified.