OMISSION OF THE DUTY TO PREVENT CRIMES OR TO PROMOTE THEIR PROSECUTION

Omission of the duty to prevent certain crimes

On the one hand, art. 450 of the Penal Code punishes the person who , being able to do so with his immediate intervention and without risk to himself or others, does not prevent the commission of a crime that affects people’s life, integrity or health, freedom or sexual freedom. This behavior carries a prison sentence of 6 months to 2 years if the crime is against life, and a fine of 6 to 24 months in other cases. However, if the unimpeded offense is punishable by the same or a lesser penalty, the lower penalty in degree than that of the offense in question must be imposed.

Omission of the duty to promote the prosecution of certain crimes

On the other hand, the person who, being able to do so, does not go to the authorities or their agents to prevent a crime indicated in the previous paragraph, knowing of its next or current commission, is sanctioned.