General endangerment

Legal definiton 

Section 272 of the Criminal Code:

(1) Whoever intentionally causes a general danger by putting people in danger of death or serious harm to health, or by putting property of others at risk of large-scale damage through causing a fire, flood, or the harmful effects of explosives, gas, electricity, or other similarly dangerous substances or forces, or by engaging in other similarly dangerous conduct, or whoever increases such general danger or makes its prevention or mitigation more difficult, shall be punished by imprisonment for three to eight years.

(2) The perpetrator shall be punished by imprisonment for eight to fifteen years if the act described in paragraph 1 is committed::

a) as a member of an organized group,

b) repeatedly within a short period of time,

c) causing large-scale damage, or

d) causing serious harm to the health of at least two persons or death.

(3) The perpetrator shall be punished by imprisonment for twelve to twenty years or by an exceptional punishment if the act described in paragraph 1 is committed:

a) intentionally causing death, or

b) during a state of emergency or war. 

(4) Preparation is criminal. 

Subjective aspect - intent

General endangerment is an intentional criminal offence. A criminal offence is committed intentionally if the perpetrator wanted to violate or endanger a legally protected interest in the manner specified by the Criminal Code (direct intent), or if the perpetrator knew that his actions could result in such a violation or endangerment and accepted the possibility of it occurring (indirect intent).

If the act can be deemed as mere negligence rather than intent, it does not constitute the described criminal offence. 

Defense

There are various defense strategies available. Given the elements of this crime, the following questions may be relevant:

• What was the nature of the impending danger?
• What was the intensity of the impending danger?
• How many people were at risk?
• Did the harm threaten someone else's property, or only the property of the individual concerned?
• Were additional conditions required for the dangerous consequence to occur?
• Was the danger controllable by the individual concerned?
• Was the perpetrator's intent directed towards the decisive facts?