By addressing the general characteristics of omissions in criminal law, methodologically based on the concept of the nature of things from the legal philosophy, the authors try to build a basic concept of understanding criminal commissions by omission. The determination of the general conditions for criminal commission by omission thus follows from the view that the existence of a separate risk, which is the direct cause for the prohibited effect, is essential for the omission as such. The resulting relationship between the perpetrator and the risk, abstractly described in the article as a relationship of weaker authority, is based on normative command, objective possibility and the perpetrator’s ability to implement a measure to reduce the risk to the legal good. This should also fully apply to rescue measures, supported by artificial intelligence technology risk-assessment options. In the end, the authors determine the characteristics of a criminal act, which cannot be undertaken in omission and the correct manner of interpretation of explicit descriptions of criminal law in cases of criminal commission by omission.
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