Strafbar passivitet – ansvarsgrundlag og den alternative handling

Abstract

English title: Criminal passivity: Basis for liability and alternative actions.Criminal passivity is characterized by punishment not for something one did, but for omitting a certain act. This means that one has to be concerned with both the criteria for liability by omission and with the alternative actions one should have taken to avoid punishment. The article focuses on the specific problems that present themselves when dealing with criminal passivity under Danish law including questions concerning legal bases and the consequences thereof. When examining criminal passivity, it is important to distinguish between crimes of omission within and outside the scope of complicity, and between different types of criminal offences. The most relevant area of criminal passivity in case law concerns passive complicity. A new case from the Danish Supreme Court has set out some general criteria for liability in this area. In regards to crimes against children, case law shows that there is an obligation for parents to protect children and that demands regarding alternative actions are strict. Outside the scope of complicity there are cases of criminal omission regarding possession of narcotics and firearms.