THE LIMITS OF ASSISTED SUICIDE IN GERMAN CRIMINAL LAW

Abstract

This paper begins with the evaluation of the limitations between the not punishable suicide assistance and killing on request done by omission (§ 216 CC, „mercy killing“), with the change of rule over the act as central criterion of the analysis. A delimitation to failure to render assistance (§ 323c CC), where suicide is (mis)interpreted as accident in terms of this offense, leading to narrowing of impunity, has also been made. The second part deals with another limitation of impunity of those who are assisting suicide, currently being in center of focus because of the new offense of business-like support of suicide (§ 217 CC), which is now, with a few exceptions, prohibiting the business-like providing, making available and mediating the possibility for suicide.