Chapter 3 - The general prerequisite of criminal liability

Section 3 – The punishability of omission

(1) An omission is punishable if this is specifically provided in the statutory definition of an offence.

(2) An omission is punishable also if the perpetrator has neglected to prevent the causing of a consequence that accords with the statutory definition, even though he or she had had a special legal duty to prevent the causing of the consequence. Such a duty may be based on :

(1) an office, function or position,
(2) the relationship between the perpetrator and the victim,
(3) the assumption of an assignment or a contract,
(4) the action of the perpetrator in creating danger, or
(5) another reason comparable to these.