Guarantee’s omissive criminal responsability for the product

Abstract

The present work intends to discuss the omissive responsibility of the entrepreneur holding the position of guarantor resulting from a harmful result or danger to the health, physical integrity or life of the consumer, for the manufacture or commercialization of inappropriate products. Due to the new social relationships developed in the risk society, danger and collective protection are relevant, both in terms of consumer law and in criminal law. Often, in order to provide an answer to the crimes that occurred in this sphere, a relaxation of the rules of subjective imputation occurs. However, even in the business environment, limits must be established. For this, some cases were analyzed in which there was damage to the consumer in which there was due liability, others in which no one was held criminally responsible and, finally, cases in which the liability was made in violation of the fundamental guarantees of the subject.

Key words: product liability; improper omission crimes; supplier; consumer; guarantor.