(1) In order to hold a person culpable for a death caused by his failure to perform a positive act, which he has a duty to perform, the omission which caused the death should be tantamount to a positive act.

(2) An omission will be tantamount to a positive act where the person: a) should have discharged his duty, deriving from law or a contract, to perform certain positive acts, and b) has previously endangered the life of another person due to his behaviour.

(3) Where a person causes the death of a person, by omission, with respect to a particular duty, where the offence committed requires a penalty of aggravated life imprisonment he may be sentenced to a penalty of imprisonment for a term of twenty to twenty five years; where the offence committed requires a penalty of life imprisonment he may be sentenced to a penalty of imprisonment for a term of fifteen to twenty years; in any other case, the sentence shall be a penalty of imprisonment for a term of ten to fifteen years.