Meaning of Omission (What it is, Concept and Definition)

protection click fraud

default is fail to do or say something. It can also be understood as putting aside, despising or forgetting something or someone.

Criminal Law understands by omission something that is no longer done when the person would be required to do so by legal rule, or would have conditions to do so. By legal meaning, omission is the opposite of action. Action is positive action, and omission is negative action, non-action.

The omission of caution, for example, is not taking the necessary steps to prevent a minor under 18 or the mentally handicapped take possession of a firearm, if it belongs to the person in question or is in his/her own possession. It is a crime provided for in art. 13 of Law 10.826/03.

By Christian belief, omission is sin. Failing to do something you could have done, especially when it comes to helping someone, is a sin. As well as putting yourself in a situation of omission, such as being drunk and not being able to fulfill your duty, it is also a sin.

You synonyms for omission are: preterition, forgetfulness, carelessness, carelessness, negligence, negligence, disinterest, gap, lapse, failure, lack, indifference.

instagram story viewer

Omission of Relief

Failure to help is failure to help. In a traffic accident, for example, if the driver runs over a pedestrian, he must stop and provide assistance immediately. Otherwise, it will be considered an omission of help, that is, he failed to help, which is considered an offense provided for by the Penal Code (CP).

Neglect is also an omission. In this case, if a doctor fails to see a patient, or makes an inadequate treatment to the problem that the patient presents, the attitude can be framed as medical malpractice, and not only is it a crime but it also violates the oath doctor.

Any person, lay person or in the health area, has a duty to provide assistance to an injured or needy person, but do not put your own life at risk. This is what is stated in article 135 of the Penal Code (CP).

Proper omission and improper omission

The omission itself is how the type of crime is called, according to the Brazilian Penal Code, in which a negative result of the action is not necessary to constitute the offense. The omission of help is one of the omissive crimes itself, because even if the victim's condition does not get worse, or even improves, just the fact of having failed to provide help is already considered a crime.

Improper Omission, or also called commission crimes by omission, is when the omission is performed in order to prevent an undesirable action.

Legislative Omissions

Legislative omissions, also known as unconstitutional omissions, are when the legislative power of a country becomes abstains or delays in drafting laws or consolidating norms that guarantee the rights provided for by the constitution federal.

There are two instruments of the Supreme Court to try to resolve the omissions: o Writ of Injunction and the Direct Action of Unconstitutionality by Omission.

Persistent Omission

Frequent omission is an accounting term and refers to the lack of accounting statements and statements to the Internal Revenue Service repeatedly, for five or more fiscal periods. In other words, the frequent omission is the act of failing to report financial information continuously, and not just an error or occasional oversight.

The frequent omission causes the company's CNPJ to be written off and must be formally regularized with the Federal Revenue Service by an accountant.

omission and lie

Omission and lying are different concepts, although they can often be part of the other. Omission is when something is not counted or done. Whereas a lie is saying or doing something that is not true.

It's called omission of the truth when you know a certain thing but don't say it, either to protect your own interest or that of another.

Teachs.ru

Meaning of Passerby (What it is, Concept and Definition)

Passerby is an adjective that means transient or non-lasting. It corresponds to the expression no...

read more

Meaning of Inversion of the burden of proof (What it is, Concept and Definition)

Reversal of the burden of proof is an institute of law that determines that proof of an alleged s...

read more

Bid Meaning (What it is, Concept and Definition)

Bid is the administrative process responsible for choosing the suitable company to be contracted ...

read more
instagram viewer