Facts
On June 23, 1993, Marie received [G.] in her apartment in Geneva, who brought heroin that they consumed together. After taking the drug, Marie was seized with a malaise. [G.] did not call a doctor, despite the fact that he knew Marie was unwell and that an overdose of heroin could lead to death. Another man, B., arrived in the apartment and the two men tried in vain to wake Marie up. [G.] left the premises without calling a doctor, leaving Marie without care. Marie died during the night due to the heroin overdose.
The Correctional Court with jury of the canton of Geneva convicted [G.] for omission to provide assistance and infringement of the federal law on narcotics to a sentence of twelve months' imprisonment with a suspended sentence for four years. The Cantonal Court of Cassation dismissed G.'s appeal.
Considerations
The Penal Chamber of the Federal Tribunal examined the question of whether [G.] had committed an omission to provide assistance within the meaning of art. 128 para. 1 SCC. The Court held that the new content of art. 128 SCC, which came into force on January 1, 1990, was applicable to the facts of the case.
The Court considered that the obligation to provide assistance falls on anyone who is in the dwelling of the person in danger and that, in the circumstances of the case, it was sufficient to request medical assistance by telephone. The Court also held that the danger of imminent death was realized when, following the consumption of a heroin overdose, a person risks losing their life within a few hours.
The Court examined the conditions for the…