The Federal court of justice (BGH) has spoken to two Doctors free, who had accompanied the sick people Die. The deceased had taken the lethal dose of medication themselves. Because the Doctors tried to save you, were you due to the support of self-killing before the court.
The lower courts had already spoken freely. The prosecution appealed, however, to Revision. Therefore, the case landed in front of the 5. Criminal Senate of the Federal Supreme court in Leipzig. (File no. 5 StR 132/18 and 5 StR 393/18)
“There is a duty to the revival – this is a key question,” said lawyer Walter welling Hausen, representing one of the Doctors. The doctors ‘ Union Marburger Bund, a basic judgment for the medical community.
These cases are:
One of the two defendants, the judgment on the company of two older women from Hamburgwho each other were friends, and in 2012 decided had to die. The Federal court of justice, according to both the 85 and the 81-year-old women suffered non-life threatening to more, but your quality of life and personal opportunities for action to restrict increasingly the diseases. The doctor was at the Request of the women, as they die from the lethal drugs, and left them, without the measures for the revival to begin.
The other case relates to a chronically ill woman from Berlin, the 2013 her life at the age of 44 years, ended. Your illness was not life-threatening, caused but strong cramping pain. The defendant – her family doctor had prescribed the woman a strong sedative. You took a multiple lethal dose. Then she informed the doctor, who looked after the comatose woman, but no rescue measures.
“A criminal responsibility of the defendants for their prior contributions to the suicides would not have provided that the women were able to form a freely responsible suicide will”, declared the Supreme court judgment in a message. The dying wishes of women were based, however, on a in the course of time developed, the accounting treatment of the “life fatigue” and were not a result of mental disorders.
Border to the forbidden killing on Request
According to the judgment, both of the accused were not required after the occurrence of loss of consciousness is also to save the life. “Since the suicides, as the defendants knew, were, respectively, as realization of the right to self-determination of the dying willing women, were not rescue measures, contrary to their will,” writes the court.
The court had to clarify, “whether the doctor has a limit on the help to self-killing of the border to the forbidden killing on Demand,” said Eugen Brysch, the Executive Board of the German Foundation for patient protection, in the run-up. The ruling was groundbreaking, because even a deadly Left to manage By means of new practical and legal problems.
The topic of euthanasia currently employs the Federal constitutional court. The highest court in the land negotiated in April over the ban on commercial euthanasia. A judgment is expected this year.