The crimes that classify the production of a result may only be committed by omission when the failure to prevent the same would be equal to the actual occurrence.
To determine the equivalence of the omission to its commission, the existence of a specific duty to prevent the result shall be taken into account, and if any prior action of the person who omits makes it possible to impute to the latter the risk situation of the legally protected interest.
History —June 18, 2004, No. 149, § 19, eff. May 1, 2005.