Failure to Rescue a Drowning Person: Criminal Liability?
Based on Article 132 of the Penal Code 2015, which stipulates the crime of not assisting a person in a life-threatening situation as follows:
- Any person who sees another person in a life-threatening situation, although having the conditions to assist but does not help leading to the death of that person, shall be subject to a warning, non-custodial reformation for up to 02 years, or imprisonment from 03 months to 02 years.
Committing the crime under one of the following circumstances shall be subject to imprisonment from 01 year to 05 years:
a) The person failing to assist is the one who inadvertently caused the dangerous situation;
b) The person failing to assist is one who, according to law or profession, is obliged to provide assistance.
- Committing the crime leading to the death of 02 or more persons shall be subject to imprisonment from 03 years to 07 years.
The offender may also be prohibited from holding certain positions, practicing certain professions, or performing certain jobs from 01 year to 05 years.
Thus, according to the above regulation, anyone who has the conditions to assist a person in a life-threatening situation but does not help shall be held criminally responsible. In this case, it is necessary to consider whether the person who saw someone about to drown had the conditions to assist this person or not.
Sincerely!
