Practice question · True or false
Article 12 of the Criminal Code punishes negligent acts and omissions only where the law expressly so provides.
Hints
- Ask whether every offence in the Code has a negligent version.
- The system is one of a closed list.
Show the answer
True
Why
True, and this is the crimina culposa system. It replaced the older model in which negligence was a general form available for any offence, and the practical consequence is stark: where the Code provides no negligent version, gross negligence producing the very harm the offence describes is not punishable under that offence at all.
Practise Negligence and Omission
The app has 4 more questions on this lesson, and keeps your place in the course. Law I is free to start.
More questions on Negligence and Omission
- A strong swimmer watches a stranger drown in shallow water and does nothing. Why is this not homicide by…
- Complete the account of negligence and omission.
- How many dimensions does the objective duty of care classically have?
- Arrange the steps in analysing a possible commission by omission, in order.
- Match each element of the negligent offence to what it requires.
- In what year did the reform that abolished the general category of slight negligence and the faltas come into…
- Article 11 of the Criminal Code lists a close family relationship as one of the sources of the duty to…
- A lifeguard is on duty when a swimmer drowns. Arrange the events in the order the court reconstructs them.
- Preterintentionality involves intending a lesser harm whilst causing a greater one. How does the criminal law…