Key legal question
Whether the defendant committed failure to render assistance under Art. 128 StGB.
Extracted holding
The acts relied on by the defendant were not assistance within Art. 128 StGB; she knowingly withheld the required help while the victim was in immediate life danger.
Extracted reasoning
The measures taken only served to restrain and calm the victim, not to avert the overdose emergency. Knowing the victim had ingested a possibly fatal mixture of drugs, she at least accepted the life-threatening risk and was obliged to call a doctor sooner.