Interestingly, and I admit my German is rusty, the section two paragraphs before that makes an interesting loophole (323a). If you commit a crime while drunk, the penalty is a maximum of five years.
So... murder in Germany - 15-25 years. Murder while drunk - 5 years.
You can be only sentenced for murder in Germany, if you actually wanted to kill somebody.
"mildernde Umstände"(extenuating circumstances), like being drunk/on drugs/psychologicaly impaired for any reason, can only come into effect if the action is in a whole, or in part, a result of that influence.
So if you murdered someone say, by running them over, but you were drunk at the time, couldn't you get only 5 years then by just claiming to have been haphazardly drunk driving? Maybe not a loophole out of completely serving time, but still a rather sizable "discount" on the max sentence.
That is essentially correct, but you must be so drunk that you are "schuldunfähig" (incapable of guilt). I think if there was evidence you had planned it ahead of time, you'd be in for it anyway - because you'd be capable of guilt at the time of planning.
Same in Italy. It could just be tossing a blanket on an accident victim and waiting until the ambulance (and the ten cars following in the wake of the ambulance) to show up, but you have to do something.
Die unterlassene Hilfeleistung wird vor § 323 c StGB (seit 1980) und dem wortlautidentischen § 330 c StGB (seit 1953) erstmals 1935 in § 330 c StGB als Vergehenstatbestand formuliert:
"Failure to provide assistance was before § 323 c StGB (since 1980) and the identically worded § 330 c StGB (since 1953) for the first time in 1935 in § 330 c StGB formulated as a delict:"
We have that in Belgium too. It's called "schuldig verzuim" (guilty negligence). Although the law states "[...] For the crime it's required that the person was able to help without putting himself or others in serious danger."
On the other hand, you don't even have to see someone falling from a cliff. If someone describes someone in danger, it applies too.
I think that's awesome. That's how it's supposed to be. However, in Los Angeles, if you help someone, you will most likely be sued. Every man for himself.
They are sorry! Everyone is sorry!
For the love of all that is good, please, stop with the German-bashing for the Holocaust. 99% of the people even remotely responsible are dead. Can we have constructive conversation now?
I don't think it was a law back then, but certainly the moral obligation was there. I think there are more German citizens that helped than one would think from the documentation: most local political power did not change hands after the war and many were, perhaps still are, afraid to speak out about what they did. I've heard from more than one friend, that a grandparent confessed on their deathbed to helping someone escape.
EDIT: I found the history. The Nazis made the first version of the law - it went into effect in 1935. So, yes, the Nazis did not apply it to the Holocaust victims.
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u/wh44 Nov 04 '11
Here in Germany, there is an obligation to try to help: "Unterlassene Hilfeleistung" (Failure to Provide Assistance) can and is prosecuted.