Kilka uwag na temat przestępstwa nieudzielenia pomocy w niebezpieczeństwie w polskim i niemieckim kodeksach karnych
A few remarks on the crime of failure to render assistance to a person in danger in the Polish and German Penal Codes

Summary/Abstract: The protection of human life and health calls not only for the penalization of behaviours actively harming those legal goods, but also those consisting of failing to render assistance in a situation of their endangerment. In the Polish and German criminal law such a function is fulfilled by articles, respectively: 162 of the Polish and § 323c of the German Penal Code. In the Polish Penal Code the obligation to assist another human being comes into life in the case of direct danger of life loss or severe disability. In the German legal system this obligation is wider, as it concerns also the danger resulting from accidents, common danger (gemeiner Gefahr) or need. The most important issues, both in the German, and the Polish criminal doctrine, concern the object of protection of these both regulations, the circumstances calling upon the obligation, the scope of required assistance and the range of individuals able to be the subject of these crimes. It should be emphasized, that in both cases the obligation is not of an unconditional character. In the Polish criminal law the penality of failing to render assistance is lifted in the case, where rendering help would call for endangering the one rendering it or another person. Moreover, assistance is not required, should it involve undergoing a medical procedure or if rendering it by specialized services is possible. In the German law this obligation is limited by the need of assistance, which disappears, once there is the risk of significant self-endangerment or failing other essential duties. It seems as this formulation of the obligation is more accurate, as it includes the protection of only the most important legal goods – life and health.

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