The Federal court of justice (BGH) has confirmed the acquittals of two Physicians in euthanasia-processes. The Leipzig-based fifth criminal Senate of the Supreme court rejected on Wednesday the appeals by the Prosecutor against the judgments of the regional courts of Berlin and Hamburg. The two doctors had assisted patients in self-killings.
Controversial was whether the Doctors made due to killing by omission punishable by law. The physician had not initiated any rescue measures in the case of the unconscious suicide willing. The Hamburg regional court and the Berlin regional court acquitted the Doctors of the allegations. In contrast, the state filed a Prosecutor’s audit.
Office of the attorney General speaks again to the prosecutors
The representatives of the German Supreme court responsible Federal Prosecutor for a dismissal of the Revision. All three conditions are fulfilled, said Federal Prosecutor Schaper. Wishing to die would have full right of inspection and control, and be able to should not be put under pressure. Your decision must be thought about also. In these cases, the so-called guarantor of the obligation of the physician for the patient’s health does not exist. The acquittals were not objectionable in the two cases.
The presiding judge of the fifth Federal court of justice, Senate, Norbert Mutzbauer, also referred to the statutory provisions as to patients available. The set will of the patient, in case of his inability to take decisions medical interventions in concrete situations to be binding.
At the request of the women, the doctor is not a handle
In Hamburg was spoken in connection with the death of two 81 and 85-year-old women, a medical specialist for neurology and psychiatry free. The women suffered multiple non-life threatening diseases that limit your quality of life increasingly.
They turned, therefore, to a euthanasia Association, the psychiatric report made a the help of a neuro-logically – to her Insight and judgment ability. This created the doctor. He was, according to the BGH, in addition, as the women of the lethal medication. At your request, he launched no rescue operations, as they lost consciousness.
“The most complicated conflict situation”
The regional court of Berlin spoke to a doctor free, the had given a patient access to a drug for self-killing. The 44-year-old woman suffered from since the age of 16. Age of a non-life-threatening disease, caused by strong cramping pain, and other recurring Suffering to an end. After she had taken the drugs, accompanied the Dying, the doctor her two and a half days of continuous. Also he did not help to save your life.
The defendant, a Berlin physician Christoph T. spoke in front of the BGH of at the time was a “highly complex conflict situation”. His patient was a self-determined Dying with Dignity. His support was not only a “moral obligation”, but also a precept of humanity and Christian charity.
The Hamburg-based physician Johann Friedrich S. said he hoped a “decision within the meaning of the freedom of self-determination of the citizens”. The topic of euthanasia currently employs the Federal constitutional court. The highest German court in Karlsruhe negotiated in April, two days to the public about the ban on commercial euthanasia. A judgment is expected this year. FOCUS Online/Wochit melting shock at the South pole: Now taut, the Antarctic