先行行为不作为犯与结果加重犯的区别与认定

Differences Between Antecedent Actions in Omission Crimes and Aggravated Offences and Their Respective Determinations

先行行为不作为犯与结果加重犯本质上是不作为犯与作为犯的区别,其组合形式和评价重点也有不同。成立先行行为不作为犯以行为人居于保证人地位为前提,成立结果加重犯以基本犯罪行为与加重结果之间具有直接性为要件。

The essential difference between antecedent actions in omission crimes and aggravated offences is the difference between action and omission. The combination forms and the key evaluation between them are also different. The premise of determining antecedent actions omission is the guarantor position of omission, while the key to determining the aggravated offence is the direct link between the basic crime and the aggravated consequence.