Germany's 'Good Samaritan' Law Makes Ignoring Emergencies a Crime

Germany's duty-to-rescue law has deep roots in Continental European legal tradition, which places greater emphasis on collective social solidarity than the Anglo-American common law approach, under which there is generally no legal obligation to help a stranger. The provision in the German Criminal Code (StGB) makes it a criminal offense — classified as a 'Vergehen' (misdemeanor), not a 'Verbrechen' (felony) — to fail to render assistance when doing so would be both necessary and reasonable.

The law received widespread international attention in 2016 when an 83-year-old man collapsed and hit his head in a bank lobby in Essen, Germany. Several customers stepped over his prone body without helping; only one person eventually called emergency services. It took 20 minutes for the man to receive first aid, and he later died in hospital. Using security camera footage, police identified those who had walked past. In 2017, a local court (Amtsgericht Essen-Borbeck) found three individuals guilty and imposed criminal fines ranging from €2,400 to €3,600 each — well above the commonly cited €1,000 figure — because German criminal fines are calculated using a 'Tagessatz' (daily rate) system tied to the offender's income, not a fixed cap.

In 2017, §323c was also amended to add a second paragraph specifically criminalizing the obstruction of rescuers — partly inspired by a rise in 'rubbernecking' incidents at accidents, including bystanders filming victims instead of helping. Importantly, the law does not require a person to risk their own life; even simply calling emergency services (112 in Germany) satisfies the duty. Good-faith helpers are also protected from prosecution if their assistance turns out to be harmful.