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Art. 11
Commission by omission 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 to danger or from being harmed even though, due to his legal position, he has a duty to do so, in particular on the basis of:
3 Any person who fails to comply with a duty to act shall be liable to prosecution 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. |