Summary

At the end of 2019, the Criminal Chamber of the Supreme Court ruled in case 1-17-7111, which examined the facts constituting an offense – placing in danger – qualifying under § 123 of the Penal Code and the related issues of substantive law. This decision is noteworthy primarily because, as far as the authors of this article are aware, it is the first Supreme Court ruling that interprets the facts constituting an offense under § 123 of the Penal Code and, secondly, for the first time, the Supreme Court clarified the penal liability (§ 123 of the Penal Code) of a person running a care home for the elderly, the bases of liability for failure to act in case of quasi-delict, and the content of the resulting due diligence. The article provides an overview of and comments on the criminal proceedings and on the Supreme Court’s interesting views on the obligation to act as a guarantor due to general duty of care and the transfer of duty. It also addresses some unresolved issues in the Supreme Court judgment.