Die straf- und standesrechtliche Bewertung ärztlicher Suizidbeihilfe

摘要

In a judgement dated 14 May 2013, the European Court of Human Rights (ECtHR) decided that it constitutes a violation of the rights guaranteed by the European Convention on Human Rights (ECHR) if a national legal system does not explicitly clarify the circumstances under which physician-assisted suicide may be granted to people who are not suffering from an irreversible and life-threatening illness. Although the decision was issued against Switzerland and does not unfold any direct effects on those member states which were not involved in the legal process, the statements given by the court broadly affect the interpretation of the ECHR on the national level. Against this background and with regard to the fact that until the present day the question of the admissibility of assisted suicide has not been exclusively answered, the article takes the verdict of the ECtHR as a reason for analyzing the relevant German regulations. It was found that the provisions of the core areas of criminal law leave no doubt as to the impunity of assisted suicide as long as it is granted to someone who is not limited in the ability to judge although a corresponding clarification by the Federal High Court has not yet been issued. However, the canons of professional ethics turn out to be less clear. As the reform of the Model Code of Conduct (MCC) by the Federal Medical Association in 2011 did not solve the question of the admissibility of assisted suicide in a satisfying manner, many regional medical associations refused to implement the relevant section 16 of the MCC. The resulting inconsistency and insecurity in the legal assessment provide further evidence of the need for a uniform federal regulation that identifies reliable criteria for the evaluation of physician-assisted suicide.