'Omission' in document 'Germany - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

CHAPTER TWO
THE OFFENCE

FIRST TITLE
FOUNDATIONS OF CRIMINAL LIABILITY

Section 13
Omissions

(1) Whosoever fails to avert a result which is an element of a criminal provision shall only be liable under this law if he is responsible under law to ensure that the result does not occur, and if the omission is equivalent to the realisation of the statutory elements of the offence through a positive act.

(2) The sentence may be mitigated pursuant to section 49(1).

SPECIAL PART

CHAPTER SEVEN
OFFENCES AGAINST PUBLIC ORDER

Section 138
Omission to bring planned offences to the attention of the authorities

(1) Whosoever has credible information about the planning or the commission of the following offences :

5. murder under specific aggravating circumstances (section 211), murder (section 212), genocide (section 6 of the Code of International Criminal Law), a crime against humanity (section 7 of the Code of International Criminal Law), or a war crime (section 8, section 9, section 10, section 11 or section 12 of the Code of International Criminal Law) ;