Court dismisses negligence charge against ambulance dispatcher for failing to dispatch help, citing voluntary remedial action.
Legislator summary
AI generatedThe court dismissed the criminal proceedings against a medical dispatcher for negligence in failing to dispatch emergency teams to a man in critical condition. The prosecution argued the dispatcher violated protocols by not conducting a medical interview or sending help despite having available resources. However, the court found that the dispatcher voluntarily dispatched a team after consulting a doctor, thereby removing the danger and triggering the statutory clause of non-prosecution.
Legislator headnote
AI generatedArt. 160 § 2, 3, 4 k.k.; Art. 17 § 1 pkt 4 k.p.k.: The crime of endangering life is consummated upon the creation of danger, but if the guarantor voluntarily eliminates the threat, the negative prerequisite for prosecution under the non-prosecution clause is met.