Book One: 4 General Provisions
Part One: Felonies and Misdemeanours Title One: Scope of Application
Title Two: Criminal Liability
Art. 11
1 A felony or misdemeanour may also be committed by a failure to comply with a duty to act.
2 A person fails to comply with a duty to act if he does not prevent a legal interest protected under criminal law from being exposed todanger or from being harmed even though, due to his legal position, he has a duty to do so, in particular on the basis of :
a. the law ;
b. a contract ;
c. a risk-bearing community entered into voluntarily ; or
d. the creation of a risk.
3 Any person who fails to comply with a duty to act is liable to prose-cution only if, on the basis of the elements of the offence concerned, his conduct is, in the circumstances, as culpable as it would have been had he actively committed the offence.
4 The court may reduce the sentence.
EDIT.