Germany

Criminal Code (Strafgesetzbuch, StGB)

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).

Keywords

Individual criminal responsibility
Omission



EDIT.