Criminal liability of a medic for failure to provide first aid and danger as a material element of the crime
Abstract
The failure to provide first aid is a crime incorporated in the § 150/2 of the Czech Criminal Code which penalizes the actions of those who have an obligation to provide first aid due to the nature of their profession and who don't provide first aid to a person seriously ill or in danger of death if immediate help is needed. The § 150/2 of the Czech Criminal Code therefore also penalizes a medic's failure to provide aid.
Contrary to the § 150/1 of the Czech Criminal Code, the § 150/2 doesn't explicitly grant a possibility not to provide aid in case of danger. Our article focuses on the definition and interpretation of the notion of danger incorporated in § 150 of the Czech Criminal Code and defends the right of a medic not to provide first aid under the conditions similar to the ones stated in § 150/1 of the Czech Criminal Code.