Section 196. Duty to avert a criminal offence

A penalty of a fine or imprisonment for a term not exceeding one year shall be applied to any person who fails to report or seek to avert by other means a criminal act or the consequences thereof at a time when this is still possible and it appears certain or most likely that the act has been or will be committed. The duty to avert applies regardless of any duty of confidentiality and applies to criminal acts specified in
  1. a.
    sections 111, 113, 115, 117, 119, 121, 123, 128, 129, 138, 139, 140, 141, 142, 143, 144, 192, 193, 194, 223, 238, 239, 255, 256, 259, 274, 275, 279, 282, 283, 288, 291, 295, 299, 312, 314, 327, 329, 355 and 357,
  2. b.
    sections 50, 52 or 96 of the Military Penal Code, or
  3. c.
    section 7-5 of the Security Act, see also section 11-4.
In the case of violation of sections 312 or 314, the duty to avert only applies if the aggrieved person is under 16 years of age.
Breach of the duty to avert is not penalised when
  1. a.
    the act to be averted has not reached the point of being a punishable attempt, see section 16, or
  2. b.
    the duty could not be carried out without exposing the person with the duty, his or her next-of-kin or an innocent person to a charge or indictment or risk to life, health or welfare.