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A sample exam concerning criminal liability, omission, and negligence in German criminal law is presented.

The article discusses a criminal case before the Bundesgerichtshof (Federal Court of Justice, BGH) of Germany, decided on September 5, 2012, which revolved around the question whether accomplices in a case aggravated assault can also be prosecuted for manslaughter or murder if one of them used deadly force with malicious intent. The court examined such problems as criminal liability, omission, and misprision in the case of the beating and killing of a homeless man by three teenagers.

The article discusses a legal case concerning the civil and criminal liability of physicians for damages due to omission, decided by the Bundesgerichtshof (Federal Court of Justice, BGH) of Germany on February 7, 2012. The case concerned complications during the delivery of a child that might have been prevented had the attending physician opted for a different treatment plan during pregnancy. The question of the burden of proof in such cases was also addressed.