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Euthanasia - when is it punishable?

Live autonomously, die autonomously – that is the main argument of many advocates of euthanasia. Find out what types of euthanasia there are and what the legal framework is like.

Falling asleep healthy in old age and not waking up again – this idea of death will only come true for a few. Death often takes a long time and can be accompanied by pain and a drastic reduction in quality of life. Last but not least, many dying people do not want to cause their loved ones any “burden”. All of this creates fear and leads some people to decide the time of death themselves – if necessary with the help of others. What is euthanasia? Can you help someone die? This is a frequently debated question that both ethicists and legislators have addressed time and time again. Basically, different forms of euthanasia are defined:

Passive euthanasia In this case, life-sustaining measures (such as artificial nutrition, ventilation, or the administration of some vital medications) are not continued. This is usually based on the patient's specific wishes, for example in the form of a living will. Then passive euthanasia is not punishable in Germany.

Indirect euthanasia This means, for example, the administration of painkillers or sedatives that alleviate the suffering but at the same time restrict life. For example, there are opiates that eliminate pain and anxiety, but at the same time weaken breathing. As a result, death often comes earlier than, without intervention to alleviate suffering – that is accepted. This indirect euthanasia is permitted in Germany if the patient expressly requests it (e.g. through a life test).

Assisted suicide (assisted suicide) Suicide – for example with a poisonous cocktail – is not punishable by law. From a purely legal point of view, assisted suicide is not punishable. For a long time, doctors had the rule that they were obliged to save a suicide after unconsciousness. The Federal Supreme Court overturned this order in its judgment of July 3, 2019. If a patient asks his doctor not to treat him after taking deadly drugs, the doctor must not save him. On February 26, 2020, the Federal Constitutional Court completely repealed the controversial euthanasia section 217, which criminalized organized euthanasia. It was not about financial gain, but about repeated euthanasia. This can also apply to doctors. After the protection is lifted, doctors can assist in the suicide of patients with impunity. This also applies to the prescription or dispensing of lethal drugs. However, they should not be given to someone who is ready to die, but should be taken alone.

Active euthanasia This is also called manslaughter and is punishable in Germany – even after the repeal of Article 217. The aim is that the person concerned does not take the deadly drug himself, but that a third party actively administers it to him. For example, if that third party intentionally injects the aspirant with a substance that kills him, it is active euthanasia—even if the dying person specifically asked for it. Those convicted face prison sentences of between six months and five years.

Discussion point: assisted suicide That was the historic decision of the Federal Constitutional Court of February 26, 2020: Everyone has the right to die in their own way. This also includes the right to assistance from third parties. Anyone can exercise this right to euthanasia – not just the seriously ill at the end of their lives. This ran counter to a 2015 parliamentary decision that envisaged a blanket ban on all euthanasia services. No one with good intentions should profit commercially from the suffering and death of others. What was supposed to be a hindrance, especially for organizations like Dignitas, angered patients and doctors in particular. Because the legally prescribed business practice is not related to financial interests and greed. Instead, anyone who regularly and repeatedly provides euthanasia can be prosecuted. This also affected general practitioners, who repeatedly supported the suicide of their patients. However, the verdict was a blow to opponents of euthanasia, who feared suicide would be “normalized”.

It is difficult to find help with suicide these days In fact, in the current situation, it is often very difficult for those who wish to die to find a doctor who will prescribe a deadly drug, even if it is legal. Many are now moving abroad, for example to Switzerland, where euthanasia organizations are active. However, you must be able to travel and spend a lot of money.

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Posted on 18 Jul 2023 by Gift

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