Unterlassen

Unterlassen is a German verb meaning to refrain from doing something or to omit. It denotes choosing not to perform an action that one could perform. In everyday language it can be used with a direct object, as in Er unterließ es, etwas zu sagen (He refrained from saying something). The term is often encountered in formal or legal contexts, where the omission of an expected action is relevant.

The noun Unterlassung denotes the act of omitting or failing to act. Common phrases include Unterlassungserklärung (a cease-and-desist declaration), Unterlassungspflicht (duty to refrain from a certain action), and Unterlassungsklage (an injunction or suit to enforce an omission or to stop a continuing act). The concept is central in civil and criminal law when liability can arise from a failure to act, as opposed to a positive action.

In German criminal law, Unterlassen refers to offenses by omission, meaning a person can be criminally liable for not acting when there is a legal duty to do so. A well-known example is Unterlassene Hilfeleistung (failure to render assistance) under certain circumstances. Such provisions distinguish between acts of commission and acts of omission, reflecting responsibilities arising from relationships, professional duties, or statutory obligations.

Etymologically, Unterlassen combines unter- (under, beneath) with lassen (to let, to allow), conveying the sense of letting an action lie or refraining from it. In translation, it is commonly rendered as “to refrain from” or “to omit,” and its noun forms are used widely in law and formal prose.