LESSON 1. The Criminal behaviour as action or omission. Exclusion from action or omission.
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Aranzadi
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The human behaviour that a person materializes in the outside world constitutes the core of the offence, resulting
in the violation of a criminal legal norm. It therefore follows that, although natural phenomena (storm, hurricane,
fire, flood…), or animals themselves, can also produce harmful results (damage to things or injuries or death to
people), only human beings can commit criminal acts.
If an animal bites a person, the consequent injuries cannot serve as the basis for a crime of injury. Such an attack could
only be considered «criminal» if the animal had been flogged by a person or if the attack was a resultant of a lack of
care on the part of the owner. In both cases, the criminally relevant behaviour would be that of the owner rather than
that of the animal.
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FERNÁNDEZ DÍAZ, C. R.: LESSON 1. The Criminal behaviour as action or omission. Exclusion from action or omission, PRIETO DEL PINO, A. M. (Dir.): "Lessons of Spanish Substantive Criminal Law. General Part II. Legal Theory of Crime I. Tipicity", Thomson Reuters Aranzadi, 2020, pp. 19-30.
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