> #legal , #criminal-law > Under what circumstances the accused person can be convicted only basing on the co Under what circumstances the accused person can be convicted only basing on omission?
Anonymous
Mar 8

Under what circumstances the accused person can be convicted only basing on the co Under what circumstances the accused person can be convicted only basing on omission?

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Mar 8
An accused person can be convicted based solely on omission in cases where they had a legal duty to act and their failure to act resulted in harm or injury to another person. This legal duty to act can arise from various sources, such as a contractual obligation, a statutory duty, a special relationship (such as parent-child or doctor-patient), or a voluntary assumption of responsibility.

For example, if a parent fails to provide necessary medical care to their child, resulting in the child's death, the parent could be convicted of manslaughter based on omission. Similarly, if a lifeguard fails to intervene when someone is drowning in a pool they are responsible for, they could be convicted of manslaughter or negligence.

In these cases, the prosecution must prove that the accused person had a legal duty to act, that they failed to fulfill that duty, and that their failure to act directly caused harm or injury to another person. If these elements are proven beyond a reasonable doubt, the accused person can be convicted based solely on omission.
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