Pflicht zur Rettung = Gesetzliche Verpflichtung für normale Bürger, einem Fremden in einem Notfall Hilfe zu leisten; die Unterlassung dieser Verpflichtung stellt eine Straftat dar (mit Ausnahme von Quebec, wo es sich um eine zivilrechtliche Straftat handelt); Keine Rettungspflicht nach Gewohnheitsrechtes sei denn, es besteht eine besondere Beziehung (z. B. Eltern/Kind) oder der Notfall wurde vom potenziellen Retter selbst verursacht.
Gesetz des barmherzigen Samariters = Rechtsschutz für freiwillige Hilfeleistende, z. B. Befreiung von der zivilrechtlichen Haftung
Bearbeiten: China: de jure GS-Gesetze vorhanden, Tatsächlich keine sinnvollen Schutzmaßnahmen
Von AgonizingFatigue
34 Kommentare
India
Despite samaritan laws existing, due to our inefficient and corrupt police, a lot of times the ones who help end up getting interrogated and chargesheeted like a criminal which has impended many of the citizens to help those who were injured
I don’t understand. So in the blue countries basically you see dying person on the street. And then you can just…. Sit there watch him die?
The most surprising thing is that there is data for Greenland
Ukraine should be green. Criminal Code of Ukraine
Article 136. Failure to Provide Assistance to a Person in a Life-Threatening Condition
How is Canada divided up here? The definition of what is a criminal offense is exclusively a federal matter.
The Netherlands was really close changing to blue/pink. Last year the government tried criminalizing unlawful stay, which legal advisers warned could also make humanitarian help to illegal migrants punishable as complicity (even as something simple as giving a bowl of soup). A repair bill to protect helpers failed in the Senate by one vote last month, but the broader asylum bill also failed, so helping did not actually become punishable.
Vermont, Rhode Island, and Minnesota require some form of rendering aid being required, by calling police or emergency services, and making a reasonable attempt to aid. Some states like California, Hawaii, Washington, and Wisconsin make it a crime to not report a felony.
Never really understood countries imposing a legal duty to intervene in situations that have nothing to do with you. In the UK, 99.9% of people would probably help or at least call emergency services anyway, and the social stigma around doing nothing already pushes most people over the line.
On principle, it feels like a pretty aggressive form of government overreach to legally compel behaviour from someone who isn’t involved in the situation.
It’s also not always easy to judge when helping could put your own safety at risk. Calling the police in parts of north Liverpool, for example, might not feel like a safe option if you think the attacker is a local gangster. “Grasses” can end up facing consequences too.
Sweden have no such law, we dont want to punish someone for doing nothing.
I dont know if Sweden has a lower rate of rescues by the public because of this, I would imagine we dont.
Russia must be blue. Duty to rescue work only for two cases: you are the reason why that person need help or then person is dependent of you (for example your child)
Norway a few months ago, a man is firing a gun randomly out of his windows. The police somehow manages to stop and detain him later that day. The following week one of the neighbours is charged with „not calling the police fast enough“, from our version of this law. It was later withdrawn after he spent the week in police questioning. I had no idea we had a law like this, and now I know that I haven’t seen or heard anything at any time. Good job.
Algeria should be green. [https://unoa.dz/api/file/377](https://unoa.dz/api/file/377) article 182 of the Penal Code second comma:
>“Article 182. – Without prejudice to the application, where applicable, of the more severe penalties provided for by this code and special laws, anyone who, by their immediate action, could prevent, without risk to themselves or to others, either an act classified as a crime or an offense against the physical integrity of a person, and who voluntarily refrains from doing so, shall be punished by imprisonment for three months to five years and a fine of 500 to 15,000 DA, or by one of these two penalties only.
**Anyone who willfully fails to provide assistance to a person in danger, when they can do so without risk to themselves or others, either through their own actions or by summoning help, is punished with the same penalties.**“
I still remember the days when China was brown and there was a good Samaritan crisis for a few years after a ridiculous incident
There is a lot of mob justice in South Africa though, mostly due to ineffective policing. So people will help.
Afaik, in the green countries sometimes it’s enough to call emergency services to not get sued, or you even won’t get in trouble at all if you aren’t related to the situation at hand. At least in some of the EU countries and Russian republics.
I’m kind of surprised all 50 US states are the same on this.
Indonesian here
Despite no Duty to Rescue or Good Samaritan laws here, if you hear someone yell „Maling!“(Thief) Or the Likes.. *Everyone* and I mean **EVERYONE** within a 5 mile radius will Run to help. They’d chase and beat the Shit out of a Thief before anyone would even call the cops. It’s interesting but also kind of Funny lol
Edit: perfect Example https://www.reddit.com/r/interesting/s/kP2CnmPkfr
Italy is wrong in most cases.
Only requirement is to alert emergency services (medical and/or police) in case of an abandoned minor (under 10) or an incapacitated person.
But there no duty to intervene first-hand in any other way. And it’s quite ludicrous to expect that anyway. If someone is having a stroke at the post office, are they going to indict anyone who didn’t call the Emergency number? Or who didn’t „step in“ to help, regardless of any medical knowledge?
The key aspect where it’s penally relevant if about road accidents you’re involved in.
If you run over a pedestrian or ram into a car and drive away, THEN it’s „failure to help“ and it’s rightfully going to land you in some trouble.
But not because you didn’t attempt CPR on a random guy in the middle of Main Street.
In Colombia, if you come across an accident, you cannot abandon the scene until you have reported it to the authorities and they have arrived to “relieve” you.
Latvia is green. Criminal law, section 141 [https://likumi.lv/ta/en/en/id/88966-criminal-law](https://likumi.lv/ta/en/en/id/88966-criminal-law)
I thought that China didn’t have good Samaritan laws and that is why people are to hesitant to help each other?
Explanation of the concept of „duty to rescue“ in Québec (bilingual site on public education about the justice system).
https://educaloi.qc.ca/en/capsules/helping-someone-in-danger-good-samaritan-laws/
Sorry for dumb question but would you be criminally prosecuted if you didn’t offer help (because you didn’t know how to help eg how to do cpr or were paralyzed from shock so you didn’t know you even had to help) but you did call 911 which arrived late and thus the person died.
Like how does one measure if the person didn’t help because of malice or because of incompetence.
Never had this happen to me but I believe I’ll fail because I am the one who goes full panic mode during stressful situations.
Russia should be blue or purple.
Duty to rescue exists only for a very narrow group of people who have some sort of a legal burden of care to the particular person in danger – either professionals (EMT, firefighters, etc) or parents/legal guardians, etc.
AFAIR, judicial precedents require said professional to be on duty, so no duty to rescue for an off-duty paramedic, for example.
Or if you put a person in danger by your own actions.
There is no obligation to help a stranger, you can watch him drown/die all you want, not even calling emergency is a duty.
Good Samaritan law is unclear but heavily tends to be pro-samaritan through necessity defence, which, even if failed (but a condition of necessity is recognised), still prevents you from negligent liability.
In Germany, the least thing you need to do is call emergency services. Otherwise it’s a crime.
In Australia people in certain professions are required to render assistance (drs, nurses etc), but otherwise appears correct.
China is an interesting one. They have the laws on the books, but they’ve also got solid legal precedent and regular legal practice that if you actually do render aid and the person you help says you caused the hurt, then you get punished unless you can prove you didn’t.
How are there so many grey countries? Surely the laws are either there or they’re not
There’s places where you can get arrested for doing nothing?
Can Quebec into Europe?
As you might expect, there is a high correlation with how individualistic a culture is and not having duty to rescue laws.
The US (#1), Australia (#2), UK (#3), New Zealand (#5), and Sweden (#10) all rank in the top 10 based on this study of individualism.
China (#49) and Japan (#25) are surprising to me.
https://clearlycultural.com/geert-hofstede-cultural-dimensions/individualism/
r/MapsWithNewZeland
So what is up with the Islamic world?
Time to „put the dots on the i-s“ as we say here in Italy: yes, there’s a duty to rescue, yes, failing to do so is a criminal offence, but it is not automatic, it depends on the circumstances.
Say you’re driving, and you run over someone. Failing to stop and assist, even only by calling the emergency services, is a criminal offence.
Say you’re walking on a bridge, and you see someone in the water fighting to not drown: your duty is only to call the emergency services, you’re not compelled in any way, shape, or form, to try to rescue that person.
The principle is that your safety comes first, you have no obligation to risk it for someone else.