Duty to act

In criminal law, a failure to act is punishable only where the person had a legal duty to act and was able to comply. In Switzerland, such duties may arise from statute, contract, voluntary assumption of protection, creation of a danger, or close relationships imposing a guarantor position. The duty defines what conduct was required and whether the person had to prevent a harmful result. Moral expectations alone are insufficient, although they may overlap with legally recognised duties.