The crime of refraining from assisting a person in a situation of danger.

Document Type : Original Article

Author

College of Law - University of Sharjah

Abstract

The basis for the formation of societies is not based on the mere gathering of a number of individuals, but on the relations that arise between them, especially the state of solidarity and social solidarity, which stems from a moral point of view and not from a legal one. However, laws – which mainly work to maintain society, preserve its interests and regulate its dealings – are not enacted on moral grounds, but are based on a legislative policy aimed at preserving interests in the first place and achieving the general policy of the state and its objectives.  In light of the rise of the liberal current and its call for achieving and absolutely respecting individual freedom for individuals in conjunction with the enshrinement of human rights in the United Nations and constitutions and internal laws, the gap between the state and civil society has widened in terms of cooperation in preserving society, its security and stability, as individuals have become influential to act on their own will devoid of any consideration unless there is a legal provision that obliges them to do something as a binding legal duty. The rise of the idea of personal freedom and its legal consecration has led many individuals to refrain from carrying out moral and social duties, such as helping people in need of assistance, claiming that this is the task of the state and its agencies and not the tasks of individuals, and this is not commensurate with religious, social and moral values in our Arabic societies.

Keywords