Bei Verstoß droht Strafe: Unterlassene Hilfeleistung? Wer wann und wie eingreifen muss

If you witness someone lying motionless on the ground after a sudden event, you may be wondering whether or not you should intervene. The law states that failing to provide assistance when it could have been provided is considered a crime known as "failure to provide assistance." This applies to situations involving accidents, general dangers, or emergencies where help is needed.

Rechtsanwalt Christian Rode explains that an accident is a sudden event that poses significant danger to an individual's rights, such as life, health, property, or freedom. It does not matter if the person's condition was deliberately caused or not. People are obligated to offer assistance in cases of general dangers or emergencies, such as natural disasters, fires, power outages, or epidemics. It is not necessary to put oneself in danger while providing assistance, as long as it is reasonable and possible to do so.

According to Rechtsanwältin Leonora Holling, someone commits a failure to provide assistance when they deliberately do nothing, despite having the ability to act. This includes situations such as passing by an unconscious person or ignoring an obvious emergency. However, it is not always necessary to provide additional help if it is clear that rescue services are already present or that others are already providing sufficient aid.

The appropriate course of action depends on one's skills and abilities. For example, a doctor must provide different assistance than a layperson, and someone who does not know how to perform a tracheostomy should not attempt it. If one is trained in first-aid techniques, they may provide such assistance. If in doubt, bystanders should at least call emergency services if no rescue teams are already on the scene.

This act itself constitutes an act of assistance. Helping can take many forms, from calling for help to calming distressed individuals and alerting others.