BOOK I-GENERAL PART
TITLE II-THE ACT
CHAPTER I-BASES OF PUNISHABILITY
Article 10
Commission by action and by omission
1. When a legal type of crime includes a certain result, the fact comprises not only the action proper to produce it, as the omission of the action proper to avoid it, except if the intention of the law is different.
2.The commission of a result by omission is only punishable when the omissive person is under a legal duty that personally obliges him to avoid that result.
3.In the case prescribed in the previous number, punishment can be especially mitigated.
Individual commission
Omission
EDIT.