poisjätöstä

Poisjätöstä, often translated as "omission" or "failure to act," refers to a concept in law and ethics where a person can be held responsible for what they did not do, rather than for an action they took. This contrasts with commission, where liability arises from a direct act. Poisjätöstä typically applies when there is a legal or moral duty to act, and the failure to do so results in harm or a violation of law.

The existence of a duty to act is a crucial element in determining liability for poisjätöstä. Such duties can arise from various sources, including contractual obligations, familial relationships, statutory requirements, or established professional responsibilities. For example, a parent has a legal duty to care for their child, and failing to provide necessary food or shelter could constitute poisjätöstä. Similarly, a lifeguard has a duty to attempt to rescue a drowning person.

In criminal law, proving poisjätöstä requires demonstrating not only the failure to act but also the intent or recklessness behind that failure, and that the omission caused the prohibited outcome. Not all failures to act are legally culpable; the context and the presence of a specific duty are paramount. The distinction between commission and omission is fundamental to understanding legal responsibility and the scope of individual obligations to others and society.