'Omission' in document 'Lesotho - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I - GENERAL PRINCIPLES

Territorial application
4. (1) The jurisdiction of the courts of Lesotho for the purposes of this Code extends to every place within Lesotho.

(2) When an act which, if wholly done within the jurisdiction of the court, would be an offence against this Code, is done partly within and partly beyond the jurisdiction, every person who within the jurisdiction does or makes any part of such act may be tried and punished under this Code in the same manner as if any such act had been done wholly within the jurisdiction.

(3) A person who, while outside Lesotho, commits an act or makes an omission where such an act or omission forms part of an offence, of which the other elements occur or have effect within Lesotho or is an offence in respect of which Lesotho is enjoined to punish under international law, may, on coming into Lesotho, be tried and punished for such an offence as if the act or omission had been committed within Lesotho .

(4) An offence committed by any citizen of Lesotho within the confines of a Lesotho diplomatic mission abroad shall be triable within Lesotho as if the offence had been committed within Lesotho .

(5) A person who, while outside Lesotho, counselled another to do or omit to do in Lesotho an act or make an omission of such a nature that, if he or she had done the act or omission in Lesotho, he or she would have commit¬ted an offence, may be tried for an offence of the same kind, and is liable to the same punishment, as if he or she had done the act or made the omission in Lesotho.

PART I - GENERAL PRINCIPLES

Territorial application
4. (6) A person who creates or is in control of a situation of danger and who fails to prevent harm to others resulting from such danger, commits an of-fence.

(7) A person who sees another person in immediate danger of death or serious injury commits an offence if he or she omits to take reasonably practicable steps to rescue that person from such danger.

(8) A person who, having direct knowledge of the commission of an offence involving the taking or endangering of human life, without reasonable excuse fails to disclose to a chief, police or other law enforcement agents as soon as reasonably practicable such information as he or she possesses, commits an offence.

(9) The provisions of subsection (5) shall not apply to a legal practitioner or advisor or medical practitioner who acquires such knowledge in the course of professional duties.

(10) A person who has knowledge of the fact that a criminal offence involving danger to human life is about to be committed or who witnesses the commission of such an offence and fails, without reasonable excuse, to take steps to summon a chief, police or other law enforcement agencies, commits an offence.

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Omissions
7. (1) No person shall be criminally liable for any omission to act unless he or she is under a legal duty to perform the act which he or she has omit¬ted to do.

(2) A legal duty to act exists where -

(a) a person is required to do something by any provision of the law; or

(b) a person owes a duty of protection or assistance to the person affected by the omission, this duty having come into existence as a result of a natural or assumed relationship between the parties or by virtue of the office occupied by one of them; or

(c) there has been an agreement giving rise to a duty to act.

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Culpability
11. (5) Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to form an intention, is irrelevant so far as regards criminal liability.

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Mistake
13. A person who does or omits to do an act under an honestly held, but mistaken belief in the existence of a state of affairs, is not criminally responsible for the act or omission to any greater extent than if the real state of affairs had been as he or she believed them to be.

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Sudden emergency
16. Subject to the express provisions of this Code relating to acts done under coercion, provocation or self defence, a person acting or omitting to act in a sudden or extraordinary emergency shall not be held criminally liable for acts and omissions done or made in such circumstances, if his or her acts or omissions were such as would have been done or made by a reasonable person.

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Judicial immunity
21. Except as expressly provided by this Code, a judicial officer is not criminally responsible for any thing done or omitted to be done by him or her in good faith in the exercise of his or her judicial functions, although the act done is in excess of his or her judicial authority or although he or she is bound to do the act omitted to be done.

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Aiding and abetting
24. (1) (b) a person who does or omits to do any act for the purpose of enabling or aiding another person to commit the of-fence;

PART VI - GENOCIDE, CRIMES AGAINST HUMANITY AND WAR CRIMES

Genocide
93. A person commits an offence of genocide if by his or her act or omission he or she commits any of the following acts with intent to destroy, in whole or in part, a national, ethnic, racial, religious group or any other identifiable group -

PART VII - ACTS OF TERRORISM AND RELATED OFFENCES

Offence of terrorism
96. Any person who does or threatens or omits to do anything that is reasonably necessary to prevent an act which -