Definition and significance of failure to render assistance
Failure to render assistance is a term from criminal law that describes the punishable omission to provide required and reasonable assistance in a situation of emergency or danger. The offense is intended to protect both individuals and the general public from the denial of support in acute emergencies. In Germany, liability is primarily regulated in Section 323c of the Criminal Code (StGB), and similar provisions exist in other legal systems.
Legal regulations
Germany (Section 323c StGB)
In Germany, failure to render assistance is governed by Section 323c StGB:Wording:
“Anyone who does not render assistance in the event of an accident, general danger, or emergency, although it is necessary and reasonable for him under the circumstances, in particular, if it was possible without considerable danger to himself and without violating other important duties, shall be punished with imprisonment of up to one year or with a fine.”
This provision is among the so-called pure omission offenses, meaning liability arises directly from the omission of a duty to act.
Elements of the offense
Accident or general danger/emergency
Ein Accident is any sudden event that presents a significant danger to people or property, such as an accident, fire, or medical emergency. As general danger or emergency situations that threaten many people or significant assets simultaneously are included, such as disasters, floods, or fires.
Necessity of rendering assistance
The act must be objectively suitable to avert or mitigate the emergency situation. It is irrelevant whether the assistance ultimately succeeds.
Reasonableness of assistance
Not every form of assistance is reasonable. Anyone who would have to place themselves in considerable danger or violate other important duties is not obliged to help. The decisive factor is the individual’s concrete abilities and possibilities, weighing up the circumstances.
Absence of other hindrances
Liability is excluded if sufficient help is already being provided or third parties are able to intervene directly.
Legal consequences
The law provides for imprisonment of up to one year or a fine. Attempted failure to render assistance is not punishable. A genuine guarantor position (a special duty to act, for example parents toward children) is not required for Section 323c StGB.
Failure to render assistance in the European context
Austria (Section 95 StGB)
The comparable offense in Austria is set out in Section 95 StGB (“Failure to render assistance”). Its content essentially corresponds to the German regulation, but it includes additional differentiated provisions regarding the necessity and reasonableness of assistance.
Switzerland (Art. 128 StGB)
Switzerland regulates the failure to render assistance in Art. 128 StGB. Here, too, there is a duty to assist in emergencies if this is possible and reasonable without danger.
Distinction from other criminal offenses
Guarantee obligations
In contrast to failure to render assistance, a special guarantor position can give rise to a broader duty to act (e.g., duties of care, traffic safety obligations). Anyone in such a position who fails to act may, under certain circumstances, be held liable for negligent or intentional bodily injury or homicide by omission (Sections 222, 223, 227 StGB).
Complicity by omission
In addition to classic failure to render assistance, it is also possible to contribute to another person’s criminal act by omitting a required action (so-called complicity by omission). However, different penalties and conditions apply here.
Case law and examples
Case law continually specifies the requirements for the reasonableness and appropriateness of assistance. For example, simply calling emergency services is usually sufficient if, due to lack of medical knowledge, other forms of assistance are not possible or reasonable for the offender. Anyone who witnesses a serious traffic accident and makes no effort at all to help is generally liable to prosecution.
Exclusion of liability
Liability for failure to render assistance is excluded in particular if the assistance:
- is not actually required,
- was not reasonable,
- was already otherwise adequately organized,
- or if the person was unable to render assistance for legitimate reasons (such as significant danger to themselves).
Sanctions and ancillary consequences
A conviction for failure to render assistance generally results in a fine or short prison sentence. In severe cases, the offense may also have professional consequences or result in civil liability for damages, particularly if harm to the affected person results from the omission.
Significance in the social context
The offense of failure to render assistance highlights the social principle of mutual consideration and solidarity. The provisions are intended to ensure a minimum level of responsibility in emergencies and to prevent third-party passivity in dangerous situations.
Summary
Failure to render assistance is a central protected value in criminal law, emphasizing each individual’s obligation to provide appropriate help in emergencies, as long as it is safe and reasonable to do so. The legal regulation serves to protect legal interests such as life, health, and property, and reflects the social function of criminal law. The law sends a clear signal against neglecting solidarity and demands active behavior in societal emergencies.
Frequently asked questions
What penalties can be imposed upon conviction for failure to render assistance?
The penalty for failure to render assistance is set out in Section 323c of the German Criminal Code (StGB). Anyone who, in the event of an accident, danger, or emergency, does not provide the required and reasonable assistance is liable to prosecution. The punishment for such an act is imprisonment for up to one year or a fine. In individual cases, the penalty depends on the circumstances, for example the severity of the consequences for the victim, any prior convictions of the perpetrator, and the degree of fault. In particularly serious breaches of duty — for example, if someone was the only possible helper and their assistance would have been life-saving — courts may not suspend a prison sentence on probation. On the other hand, if it remains only an attempt or the harm is minor, a fine is often imposed. It is an official offense, meaning prosecution generally occurs without the victim’s complaint.
Are there exceptions to the duty to render assistance?
In principle, the duty to provide assistance applies to everyone, but there are legally recognized exceptions. Assistance is not required if the person would thereby seriously endanger themselves or if important other duties conflict. For example, no one must risk their own health or life or act in such a way that they would suffer substantial personal harm. Pregnant women, frail persons, or minors may only be expected to help within limited means. In cases of competing duties, a careful balancing is necessary, for example when a doctor has to choose between several patients. Moreover, no one is required to provide inappropriate or useless assistance when sufficient help is already present or the measure would objectively be futile.
What is meant by “required” and “reasonable” assistance?
Required assistance is any help suitable to reduce, eliminate, or at least somehow diminish the danger to the victim. The assistance must always be judged by the circumstances of the individual case. For example, in an accident it is often sufficient to notify emergency services or to provide first aid, as far as this is possible for a layperson. Assistance is only considered reasonable if it can be provided without significant personal danger or major disadvantage to the helper. The demands increase if the helper has knowledge, skills, or resources that others lack, for example trained paramedics or doctors. However, the limit of reasonableness is always reached when major negative consequences threaten the helper.
Who is obliged to render assistance?
In principle, every person who perceives an emergency is legally obliged to provide assistance — regardless of age, nationality, or occupation. Even minors and children may be required to help according to their age and personal abilities. For certain professions (such as doctors, paramedics, police officers, or supervisors), additional requirements may apply beyond the general legal obligation due to professional regulations. Even if several people witness an emergency, each individual is obliged to assist; however, to avoid duplication, when help is obviously already being provided, no separate action is required.
What is the evidentiary situation in prosecutions for failure to render assistance?
In criminal proceedings, the prosecution must prove that the accused became aware of an emergency and nevertheless wrongfully failed to act, even though providing assistance was possible and reasonable. This proof often relies on witness statements, surveillance videos, medical reports, and other evidence. It must be shown that the possibility to help actually existed and that consequences resulted from or were at least not averted by the failure to act. Determining the accused’s subjective perception of an emergency plays a central role.
What role does the scope of assistance play in liability?
For liability, it is sufficient if any suitable, required, and reasonable assistance is omitted. Optimal or the most extensive help is not necessary. Simple acts, such as making an emergency call or warning others, are often enough. Conversely, merely watching is not sufficient, even if others are already helping. Liability for omission does not exist if help would objectively be useless or if sufficient help is already being provided. The standard always depends on the specific case and on the abilities and possibilities of the helper.
Can failure to render assistance have civil law consequences?
Yes, in addition to criminal liability, failure to fulfill the duty to help can also result in civil claims for damages. If omitting assistance results in harm to the victim, the latter may claim compensation — potentially under Section 823 subsection 2 of the Civil Code in conjunction with Section 323c StGB. Claims for pain and suffering or reimbursement by social insurance carriers may also arise if the failure to help was causally connected with the harm. Civil liability exists independently of criminal proceedings and can be asserted in parallel.
