BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences
TITLE I
On felonies and misdemeanours
CHAPTER I
On felonies and misdemeanours
Article 11
Felonies or misdemeanours that consist of production of a result shall only be construed to be committed by omission when not avoiding the result thereof, by infringing a special legal duty of the principal, is equivalent, pursuant to the sense of the wording of the Law, to its cause. To such end, an action shall be equivalent to an omission :
a) If there is a specific legal or contractual obligation to act ;
b) If the party omitting has created an occasion of for risk to the right protected by law, by means of a preceding action or omission.
EDIT.