Some problematical aspects of causation in mixed omission crime
The present article aims to portray some controversial issues of the inaction causality of the crimes committed with mixed inaction. While studying the issue, formal – logical and comparative – legal methods were utilized, within the framework of which the study subject problematic aspect circle was systematically and logically analyzed, considering the Georgian as well as foreign legislation, as a result identifying and analyzing their common and distinguishing aspects. Taking into account the essence of the inaction, characteristic features and legal specifics, the legislator introduced the mandatory elements, the unity of which creates a basis for the punishment chain for mixed inaction, on the correct solution of which depends the question of the criminal relevance of the action expressed in inaction.
The correct definition of a legal guarantor is of great theoretical and practical importance, because depending on it, the action taken by inaction will be assessed as abandonment, attempted crime or refusal to help. In particular, unlike a legal guarantee, the inaction of a common subject towards a person in distress is assessed only as refusal to help, regardless of the direct intent to the expected unlawful outcome and the unlawful outcome established. The third element of causality – the correct assessment of the end of the crime depends on the correct assessment of the issue of avoiding the result by binding and possible action, in particular, in the face of an attempted crime or a committed crime.
Culpability, Inactivity, Guarantor