A felony or misdemeanour may also be committed by a failure to comply with a duty to act.
A person fails to comply with a duty to act if they do not prevent a legal interest protected under criminal law from being exposed to danger or from being harmed even though, due to their legal position, they have a duty to do so, in particular on the basis of:
the law;
a contract;
a risk-bearing community entered into voluntarily; or
the creation of a risk.
Any person who fails to comply with a duty to act shall be liable to prosecution only if, on the basis of the elements of the offence concerned, their conduct is, in the circumstances, as culpable as it would have been had they actively committed the offence.
The court may reduce the sentence.
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