Liability for failure to provide assistance and leaving another person in danger

In any democratic state, human health and life are considered the highest social value. In the traditional system of rules of coexistence of the population, one of the main principles is mutual assistance. This principle is today not only a moral norm, but also enshrined at the level of legislation. For example, liability is provided for failure to provide assistance and leaving another person in danger. These actions are subject to sanctions under Article 135 of the Criminal Code of Ukraine.

Criminalization of failure to provide rescue

The general object of the criminal offense under the article on failure to provide assistance is social relations, which are the foundation of protecting human life and health. The immediate main object is the personal safety of a person. Within the framework of criminal proceedings, a victim is considered a person who:

1. Is in a state that is dangerous for full-fledged life.
2. Cannot independently take measures to protect his own health and life (minority, disability, old age, etc.).

The objective side under Article 135 of the Criminal Code of Ukraine is based on inaction.

As for the subject of a criminal offense under this article, it is a natural sane person who has reached the age of 16 and has the appropriate obligations - to care for a person who is in a dangerous state. This category also includes citizens who, by their actions, have provoked a danger to the health and life of a person.

Let us consider the subject of the offense in more detail:

• Responsible persons who take care of their wards in a helpless state (liability arises on the basis of a contract, law, family ties, court decision, etc.).
• Citizens who committed unlawful actions against the victim (injury in a shootout, poisoning, road accident, etc.).
• A mother who left her newborn child in danger.

Actions of medical professionals falling under Article 135 of the Criminal Code of Ukraine

To prove the guilt of the suspect and qualify his actions under Article 135 of the Criminal Code of Ukraine, the investigative authorities must prove that the direct object is public relations that protect the health and life of a person.

The current legislation provides for two types of unlawful activities of medical workers under the article on failure to provide assistance and leaving another citizen in danger:

• Inaction and non-interference. A medical worker does not fulfill professional duties related to providing support to the victim.
• Inaction caused by the previous actions of the doctor provoked a life-threatening condition for the victim.

The qualification of a person’s actions under Article 135 of the Criminal Code of Ukraine will be correct if the person had the opportunity to provide assistance to the victim.

That is, this is the person’s failure to take measures necessary to avert a danger to the health and life of the victim. In total, three conditions are distinguished for the onset of criminal liability for leaving a person in danger:

• A condition dangerous for full-fledged vital activity.
• The inability of the victim to take measures for self-preservation.
• The ability of the guilty person to provide assistance.

A crime under the article on failure to provide assistance and leaving another person in danger is considered completed from the moment of leaving another person in danger. In this case, the formal composition of the unlawful actions (i.e., the effectiveness of potential assistance) is not taken into account at all.

What is the liability for failure to provide assistance?

The severity of the punishment for failing to provide assistance and leaving another citizen in danger directly depends on the actions committed.

Thus, failure to provide assistance in Ukraine is punishable by criminal liability, which includes imprisonment for a term of 2 to 8 years. In any case, it is better to enlist the support of a lawyer.

Assistance from a lawyer under Article 135 of the Criminal Code

Current legislation stipulates that failure to provide assistance and leaving another person in danger is a serious crime. If the suspect is proven guilty, he faces a real prison term. The lawyers of our law firm "Prikhodko & Partners" have thorough theoretical training and an effective algorithm of actions to protect the legitimate rights and interests of every citizen of Ukraine.

Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer's services for failure to provide assistance and leaving another person in danger, fill out the form below.