"Withholding succour" is, according to German law, an offence. Although this law applies to all citizens there is evidence that it is being increasingly applied to medical activities which are thus liable to become a tort. The reasons for this view and the different interpretations of this law are discussed. Based on a case history the "obligation to give medical assistance" is reviewed. Special attention should be paid to the fact that the interval between cardiac arrest and brain death (a matter of minutes) may become relevant in the indictment of a doctor for a criminal offence even in cases of sudden unexpected death.