What is failure to render assistance?
Failure to render assistance is a criminal offence consisting of not helping a person who is in an immediate danger of losing their life or suffering serious harm to their health, despite being able to provide help safely. In Polish criminal law, this offence is regulated by Article 162 of the Polish Criminal Code.
The duty to provide assistance is not limited to doctors, paramedics, police officers or other professionals. It may apply to any person who witnesses an emergency and can take reasonable action without putting themselves or another person at a comparable risk. The required assistance does not always mean personally performing rescue activities. Depending on the circumstances, it may involve alerting emergency services, asking others for help, securing the scene or taking other appropriate steps.
Liability depends on the actual circumstances of the event. It is necessary to establish whether there was an immediate threat to life or serious harm to health, whether the person was capable of acting and whether assistance could have been provided without exposing the potential rescuer or another person to a danger of death or serious bodily harm.
What does failure to render assistance involve?
The offence may arise from an omission rather than an active act. A person may be held liable if they recognise that another person requires urgent help and nevertheless do nothing, even though providing at least basic assistance would have been possible and safe.
Examples may include leaving an injured person after a road accident without notifying emergency services, ignoring a person who has lost consciousness in a public place or failing to react to an immediate medical emergency. Each case must be assessed individually. The legal evaluation may depend on the condition of the person in danger, the location, available means of assistance, the presence of other people and the risks faced by a potential rescuer.
Polish law does not require a person to act heroically. A person is not obliged to provide assistance if doing so would expose them or another person to a danger of death or serious bodily harm. There is also no criminal offence if assistance can be immediately provided by an institution or person appointed for that purpose, such as emergency medical services.
When can failure to render assistance lead to criminal liability?
Criminal liability may be considered where the danger to life or health was immediate and real, the person had an opportunity to react and no relevant danger prevented them from taking action. The prosecution must prove the elements of the offence, including the nature of the threat and the defendant’s ability to provide assistance.
Under Article 162 section 1 of the Polish Criminal Code, failure to render assistance may be punishable by imprisonment for up to 3 years. The statutory wording and applicable exceptions are set out in Article 162 of the Polish Criminal Code.
Cases involving an alleged failure to render assistance can be legally complex. Questions may arise as to whether the situation was genuinely life-threatening, whether the accused person was aware of the danger, whether professional assistance was already available and whether intervention could have created a serious risk for the person expected to help.
When is legal assistance advisable?
Legal advice may be important for a person who has been questioned as a witness, charged with failure to render assistance or connected with an event involving an accident, injury or sudden medical emergency. Early consultation can help protect procedural rights, clarify the legal significance of the facts and prevent inaccurate statements from affecting the course of proceedings.
Assistance from a criminal lawyer may also be relevant for injured persons and their relatives. A lawyer can assess whether the circumstances may justify notifying law enforcement authorities, exercising the rights of an injured party in criminal proceedings or pursuing related civil claims.
A prompt legal assessment may help identify evidentiary issues, including surveillance recordings, emergency calls, medical documentation, witness statements and expert opinions. It can also help distinguish between a morally difficult situation and conduct that meets the statutory conditions of a criminal offence.
Legal support in cases involving failure to render assistance may include:
- assessment of potential criminal liability under Article 162 of the Polish Criminal Code;
- representation during questioning, investigation and court proceedings;
- preparation of explanations, motions and procedural submissions;
- analysis of medical records, witness evidence and other available materials;
- representation of injured persons in criminal proceedings;
- advice on related offences, including offences connected with road accidents or bodily harm.
Need legal assistance in a case concerning failure to render assistance? Contact us.