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Position of Guarantor

A duty to avert a result.

A person who has a special duty to avert harm can also become criminally liable by omission if they fail to intervene. Such a position of guarantor can arise, for example, from statute, contract or prior dangerous conduct.

The relevant statutes

§ 13 StGB

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Related terms

General explanation for self-help, not legal advice (RDG). Individual cases may differ: if in doubt, contact a consumer advice center or a lawyer.