Omission offence

Criminal liability may arise not only from doing something but also from failing to act. Swiss law distinguishes genuine omission offences, where the statute directly punishes non-action, from improper omission offences, where a person in a guarantor position fails to prevent a result such as injury or death. Liability requires the ability and legal duty to act, a causal or equivalent link between the omission and the result, and the required intent or negligence. The scope of the duty is crucial.