Problematic issues of qualifying criminal omissions

Abstract

The criminal code of Georgia (7th article) defines the crime. According to this article main element of a crime is an action. Action is also the first and the most important element of actus reus in Georgian criminal law. In this case, the action includes not only criminal activity but also criminal inaction. According to Georgian criminal law, there are two forms of inaction: typical inaction and mixed inaction. Mixed inaction is a much more serious crime than typical inaction. While qualifying inaction the most important issue is the obligation on the action, whether it was because of the profession, previous action, or special relations with the victim. The research includes a detailed review of Georgian criminal law in the field of qualification of criminal inaction. Georgia belongs to the continental law system. There is a big difference in this field between the continental law system and the common law system. In the continental criminal law system, every type of inaction is a crime, while in the common law system, typical inactions, like leaving a person without help in danger, is not a crime. The main aim of criminal law is to avoid the harm of such values as life, freedom, etc. That’s why it is important to prevent such harm. The research includes analyzing these differences. The most important issue while qualification of inaction is the practice of the Georgian Supreme Court. So, the research includes a detailed review of Georgian Supreme Court decisions in this field. To sum up, the research includes the following issues: Theoretical research on qualification of inaction, practical recommendations, review of Georgian Supreme Court practice, specifics of common law countries.

Keywords

• crime
• duty
• court