'Negligence' in document 'Switzerland - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Book One: 4 General Provisions

Part One: Felonies and Misdemeanours Title One: Scope of Application

Title Two: Criminal Liability

Art. 12

3 A person commits a felony or misdemeanour through negligence if he fails to consider or disregards the consequences of his conduct due to a culpable lack of care. A lack of care is culpable if the person fails to exercise the care that is incumbent on him in the circumstances and commensurate with his personal capabilities.

Book One: 4 General Provisions

Part One: Felonies and Misdemeanours Title One: Scope of Application

Title Two: Criminal Liability

Art. 13

2 If the person concerned could have avoided the error had he exer-cised due care, he is liable to prosecution for his negligent act provided the negligent commission of the act is an offence.