Germany: Three fined under ‘Good Samaritan’ law after they ignored collapsed pensioner

Four bank customers were prosecuted for doing nothing to assist the 83-year-old man who suddenly collapsed and hit his head, leading to a traumatic brain injury that eventually killed him.

The fifth customer to encounter him called for help, at which point the pensioner was no longer conscious. He died in hospital a week later.

The prosecution of the four customers was brought under Germany’s “Good Samaritan” law, § 323c of the German penal code, which makes it a criminal offence not to provide first aid to a person in need. Similar laws exist in a number of European countries, but not the UK or Ireland.

One of the defendants, a 39-year-old woman, told the District Court of Essen-Borbeck that she thought the pensioner was a sleeping homeless person, but police officers said it was “clear” he was not.

District Court judge Karl-Peter Wittenberg handed down a €3,600 fine to the woman, and separate fines of €2,800 to a 61-year-old customer and €2,400 to a 55-year-old customer who also did nothing.

Proceedings against the fourth man were dropped for health reasons.​