Under what condition can omission to act be considered criminal?

Omission to act can be considered criminal when there exists a specific legal duty to act. This legal duty can arise from various sources, including statutes, contractual obligations, or special relationships between individuals, such as that of a parent to a child.

For instance, in many jurisdictions, laws may require individuals to assist others in danger if they can do so without risking their own safety, particularly in cases where a duty of care is mandated by law. Similarly, professionals like doctors or teachers often have a legal obligation to intervene in emergency situations. The presence of a legal duty means that failing to act—when one is required to do so—can lead to criminal liability.

In contrast, scenarios that involve only a strong public interest, a crime having already been committed, or mere expectations of action do not necessarily establish a legal duty. Therefore, without this recognized obligation, failure to intervene does not equate to a criminal act, supporting why the correct answer highlights the importance of an established legal duty.