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Bufete de abogados penalistas Alonso Sala
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Failure to Assist

Legal defense against accusations of abandoning victims and denial of assistance.

Failure to Assist Crime (Art. 195-196 CP)

Failure to assist crime (Art. 195 CP) punishes lack of basic human solidarity in serious danger situations. Consists of NOT assisting person who is helpless and in manifest and serious danger, being able to do so WITHOUT OWN RISK or third parties. Also crime NOT to request others' help (not call 112).

Penalties vary: basic omission prison 3-12 months, but if leaving accident scene (Art. 195.3), penalty rises to 6 months-4 years prison + driving disqualification. Healthcare professionals denying assistance: 6 months-3 years + special disqualification. These accusations often arise in moments of panic, confusion, or post-traumatic shock. At Alonso Sala we analyze accused's real capacity to act, perceived danger level, and if help was already on way.

Crime Elements

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Helpless Person

Victim without immediate help available, in helpless situation.

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Manifest & Serious Danger

EVIDENT and SERIOUS danger to life/physical integrity. Mild danger not enough.

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Without Own Risk

Being able to assist WITHOUT serious RISK. If objective risk, NOT obligated (exempting).

AGGRAVATEDLeaving Accident Scene (Art. 195.3)

Leaving accident scene when there are victims is MORE SERIOUS and SPECIFIC crime. Penalty: prison 6 months-4 years + driving disqualification 1-6 years.

Aggravating If YOU Caused Accident

If caused accident (reckless driving) and also flee, penalty imposed in UPPER half (up to 4 years). Plus concurs reckless injury/homicide crime.

Defense: Shock State

Psychological expertise can prove post-traumatic shock state (psychological incapacity to act). Also unavoidable error: didn't know victims existed.

Healthcare Assistance Denial (Art. 196)

Healthcare professional who DENIES assistance or ABANDONS healthcare services when causing SERIOUS RISK to people's health commits AGGRAVATED crime. Penalty: prison 6 months-3 years + professional special disqualification 2-6 years. E.g.: ER doctor refusing to attend serious patient without justified cause. Healthcare workers' duty is REINFORCED by their technical preparation and guarantor position.

Related Areas

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Hit and Run

Criminal defense for leaving accident scene when there are victims or risk to them.

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Healthcare Denial

Defense of healthcare professionals accused of not providing due assistance.

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health_and_safety

Why Alonso & Sala for Failure to Assist?

Failure to assist requires technical defense proving lack of capacity to act or absence of manifest danger.

  • checkTechnical defense proving risk was serious for you (own risk exempting).
  • checkPsychological expertise: prove shock state, psychological incapacity to act.
  • checkDemonstrate there was already sufficient help being provided or danger was not manifest.
  • checkMedical coordination to analyze if early assistance would have changed outcome (causality).
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FAQs

What exactly is failure to assist crime (Art. 195 CP)?expand_more
Consists of NOT assisting person who is HELPLESS and in MANIFEST AND SERIOUS DANGER, being able to do so WITHOUT RISK to self or third parties. Also crime NOT to request others' help (not call 112). Protects basic human solidarity. Penalty: prison 3 to 12 months or fine.
Is it crime if I call 112 but do NOT touch injured?expand_more
Generally NO. Warning emergency services IMMEDIATELY and EFFECTIVELY considered 'requesting others' help', which fulfills legal duty if NOT trained to intervene directly. If don't know first aid, calling 112 sufficient (except immediate vital risk you can avoid without risk).
What means 'without own risk'? Can I refuse to assist?expand_more
IF assisting puts you in SERIOUS DANGER (e.g.: entering burning car, diving into torrential river without knowing how to swim), NOT obligated. It's EXEMPTING. Must be REAL and SERIOUS risk, not generic fear or discomfort. Defense: prove risk was objective.
What if I left accident scene due to fear or shock?expand_more
Leaving accident scene with victims is SPECIFIC and MORE SERIOUS crime (Art. 195.3: prison 6 months-4 years). 'Fear' does NOT automatically exempt, but defense can prove: 1) Shock state (psychological incapacity). 2) Ignorance of victims' existence. Psychological expertise crucial.
What penalties for failure to assist?expand_more
Basic (Art. 195.1): Prison 3-12 months or fine 6-24 months. Healthcare/professional (Art. 196): Prison 6-24 months + disqualification 2-6 years. Traffic accident with flight (Art. 195.3): Prison 6 months-4 years + driving disqualification 1-6 years. SERIOUS penalties.
Is it more serious if I CAUSED accident?expand_more
YES. If you caused accident (reckless driving) and also do NOT assist, Art. 195.3 imposes prison 6 months to 4 years (upper half). Clear AGGRAVATING. Plus, concurrence with reckless injury/homicide crime. Penalties ACCUMULATE.
Do healthcare professionals have reinforced assist duty?expand_more
YES. Art. 196 CP: healthcare professional who DENIES assistance or ABANDONS healthcare services when causing SERIOUS RISK to people's health. AGGRAVATED penalty: prison 6 months-3 years + special disqualification 2-6 years. E.g.: ER doctor refusing to attend.
What is 'manifest and serious danger'? When exists?expand_more
EVIDENT (visible, patent) and SERIOUS danger to life/physical integrity. E.g.: unconscious person on road, injured bleeding profusely, person in river unable to swim. NOT crime if danger MILD or NOT MANIFEST (e.g.: drunk but conscious person on street).
Is it crime NOT to assist stranger on street?expand_more
ONLY if in MANIFEST AND SERIOUS danger. E.g.: unconscious person on sidewalk (YES, must call 112). Person begging (NO, no serious danger). Person arguing (NO, unless visible violent assault). Danger must be OBJECTIVE and EVIDENT.
Can I be convicted if there were other people who could assist?expand_more
YES. Assist duty is INDIVIDUAL. Cannot argue 'there were other witnesses' to exempt. ALL present who can assist without risk are obligated. That there are more people does NOT exempt. Each omitter can be convicted separately.
Is failure to assist not giving food to beggar?expand_more
NO. Failure to assist requires SERIOUS and IMMINENT DANGER to life/physical integrity. Poverty or economic need NOT 'manifest and serious danger' in criminal sense (social problems, not crime to omit economic help).
What to do if I pass accident and there are already people helping?expand_more
If there's already SUFFICIENT help being provided (others called 112, attending injured), your obligation DILUTES. But if don't see someone called emergencies, you must. Criterion: ensure victim receives EFFECTIVE assistance.
Is it crime if victim REJECTS my help?expand_more
Complex. If conscious and capable victim rejects help, generally NOT obligated to insist (right to self-determination). But if victim unconscious, in shock, or unable to decide (minor, mental disability), YES must assist even if 'protests'. Jurisprudence case by case.
Does it matter if didn't know there were victims (e.g. thought only bodywork)?expand_more
ERROR OF FACT. If really didn't know there were victims (e.g.: light impact, believed only material damage), can EXEMPT from liability. Must be UNAVOIDABLE error (reasonable, inevitable). If negligent in checking (didn't stop to see), still crime.
When does failure to assist crime expire?expand_more
Basic crime (3-12 months): expires in 3 years. Aggravated accident flight crime (6 months-4 years): expires in 5 years. Period counted from when did NOT assist (moment of omission). Important: report quickly if victim.
Civil liability: how much compensation?expand_more
IF lack of assistance AGGRAVATED injuries or caused sequelae that would have been avoided with early assistance, compensation can be VERY HIGH. E.g.: if victim became quadriplegic for not calling ambulance fast, compensation can be €1-3 MILLION. ENORMOUS civil liability.
Is failure to assist abandoning injured passenger in my car?expand_more
YES, and AGGRAVATED. If you're driver and abandon injured passenger from your vehicle, it's failure to assist PLUS family/dependent abandonment crime (Art. 619). Penalty AGGRAVATES. E.g.: leaving drunk/injured friend on roadside = crime.
Difference between failure to assist and denial of help?expand_more
FAILURE TO ASSIST (Art. 195): COMMON crime (any citizen). DENIAL OF HELP (Art. 412): SPECIAL crime of officials (police, firefighters) refusing to provide help in urgent case. Officials penalty: DISQUALIFICATION + fine (more serious due to reinforced professional duty).
Can I invoke 'didn't know what to do' as defense?expand_more
DEPENDS. If don't know first aid, calling 112 SUFFICIENT (fulfill 'requesting others' help'). But if there were OBVIOUS BASIC actions (e.g.: remove person from burning car, stop bleeding with clothing) and did NOTHING nor called, 'didn't know' does NOT exempt.
Is failure to assist crime in family context (not helping relative)?expand_more
YES, can be. If relative (child, spouse, elderly parent) in SERIOUS danger and do NOT assist, it's failure to assist SAME. Plus, can concur family abandonment crime (Art. 226). Family bond does NOT exempt; contrary, can AGGRAVATE (greater moral reproach).
Defense strategy if accused of failure to assist?expand_more
1) Demonstrate there was NO manifest and serious danger (victim conscious, no risk). 2) Prove assisting put you in serious risk (exempting). 3) Prove there was ALREADY sufficient assistance being provided. 4) Unavoidable error (didn't know victims existed). 5) Psychological expertise (shock state). Technical defense CRUCIAL.

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