'Omission' in document 'Slovenia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter Three
GENERAL PROVISIONS ON CRIMINAL OFFENCE

1. Criminal Offence and Perpetrator

Mode of Committing a Criminal Offence

Article 17

(1) A criminal offence may be committed by voluntary act or by omission.

(2) A criminal offence may be committed by omission only when the perpetrator has failed to perform the act, which he was obliged to perform.

(3) A criminal offence may be committed by omission, though the offence does not constitute criminal omission under the terms of the statute, when the perpetrator has not prevented the occurrence of an unlawful consequence. In such cases, the perpetrator shall be punished for omission only if he was obliged to prevent the occurrence of the unlawful consequence and insofar as the occurrence of such a consequence could not have been prevented even had he performed any positive act.

GENERAL PART

Chapter Three

GENERAL PROVISIONS ON CRIMINAL OFFENCE

1. Criminal Offence and Perpetrator

Mode of Committing a Criminal Offence
Article 17

(1) A criminal offence may be committed by voluntary act or by omission.

(2) A criminal offence may be committed by omission only when the perpetrator has failed to perform the act, which he was obliged to perform.

(3) A criminal offence may be committed by omission, though the offence does not constitute criminal omission under the terms of the statute, when the perpetrator has not prevented the occurrence of an unlawful consequence. In such cases, the perpetrator shall be punished for omission only if he was obliged to prevent the occurrence of the unlawful consequence and insofar as the occurrence of such a consequence could not have been prevented even had he performed any positive act.