Criminal liability for third person's act: case of release on bail

committed offences

The offense is committed when the act done by the author contains all required elements of the offense as specified in the definition of offense prescribed by the law^26(*).

The purposes and modalities of consumption are different. The conduct prohibited by the law can be an act or omission. The offense of commission or action consists in performing a positive act which is prohibited by law. The person has done what the law forbids (kill, steal or defame). The offense by omission is a negative act of execution, that is to say the failure to accomplish what the law orders (not to save a person who is in a dangerous state, not to report crimes)^27(*).

* ²⁶ R. BERNARDINI, Op. Cit., p.309).

* ²⁷P. Canin, Op. Cit., p. 61