Omissio libera in causa

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The omissio libera in causa (Latin literally for: free omission in the cause) is a legal construction of jurisprudence . It is the equivalent of the actio libera in causa for omission offenses . The offender puts himself in a situation in which he can no longer avert damage, but in which he is responsible under criminal law for averting it. A case of an omissio libera in causa exists above all if the perpetrator makes it impossible to help the suicide after the suicide has become unconscious . This is the case, for example, when the perpetrator moves away from the location of the anticipated event.

Individual evidence

  1. Endrik Wilhelm: Criminal liability for assisted suicide and § 217 StGB , comment on OLG Hamburg, decision of June 8, 2016, 1 Ws 13/16, HRRS online