Väljajätmisel

Väljajätmisel, meaning "in the case of omission" or "on the grounds of omission" in English, is a legal term used in several European countries, particularly in Scandinavian legal systems. It refers to a situation where a legal consequence arises not from an action taken, but from a failure to act when there was a duty to do so. This concept is a crucial aspect of both civil and criminal law.

In civil law, väljajätmisel can be the basis for liability. For instance, if a person has a legal duty of care towards another, and they fail to take reasonable steps to prevent harm, their omission can lead to legal responsibility for damages. This could apply in situations like a property owner failing to maintain safe premises, or a parent neglecting their child's well-being. The key element is the existence of a specific legal or contractual duty to act.

In criminal law, väljajätmisel can constitute a criminal offense. This typically occurs when an individual has a special legal obligation to act, and their failure to do so results in a criminal outcome. Examples include a lifeguard failing to rescue a drowning person, or a police officer neglecting their duty to intervene in a crime. The law distinguishes between ordinary omissions and those that are legally significant due to a pre-existing duty. Establishing guilt based on omission requires proving that the individual could and should have acted to prevent the prohibited outcome.