🚨 Understanding the Crime of Failure to Render Assistance in Spain🚑
The Penal Code addresses the offense of failure to render assistance in articles 195 and 196. But what does this entail?
⚖️ When is the offense committed?
1️⃣ Failure to assist a person in clear and serious danger, when it can be done without risk to oneself or others, is punishable by a fine of 3 to 12 months.
2️⃣ Failing to seek outside help when unable to provide assistance results in a fine of 3 to 12 months.
3️⃣ If the victim suffers an accident caused inadvertently by the failure to render assistance, the penalty is imprisonment from 6 to 18 months.
4️⃣ If the victim is harmed due to negligence on the part of the individual failing to assist, the penalty is imprisonment from 6 months to 4 years.
🔍 What are the requirements for the offense?
A person must be in serious danger.
The danger must be apparent.
The victim must be helpless.
Assistance can be provided without risking oneself or others.
The individual abandons the scene without offering any aid.
Actions are taken knowingly and willingly, considering the aforementioned elements.
In the case outlined in article 195(3) of the Penal Code, it's required that the accident resulting in the victim's condition was caused negligently by the individual failing to assist.