SOME CONSIDERATIONS REGARDING CRIMINAL LIABILITY OF PERSON UNDER SECTION 59 OF THE CRIMINAL CODE

Abstract

When considering some aspects of criminal liability of a person under section 59 of Criminal code, the author has studied some consideration derived from the enforcement of Criminal Law resulted from “action”. It was an action stipulated as illegal acts by law. The Criminal Code Section 59 provides that Criminal liability included the consequence brought about by the “omission” to do act in order to prevent an excuse from not committing an act. It allows broader legal interpretation of “action” and broader enforcement according to Criminal Code. Moreover, criminal liability of a person under this section determined by the offence of a person. The consciousness in action are divided into two aspects of  “intention” and “foreseeing”. The author studied some consideration in this section of Criminal Code consecutively in order to strictly examine the criminal liability of a person and the punishment in relation to action since physical infliction is imposed as criminal liability. Thus, the section 59 of Criminal code is the major key to consider “offense” of a person according to the provision for criminal liability and to understand some consideration related to the interpretation of  “act” in a broader sense for a fair enforcement of the law.