The German Law on Euthanasia: The Legal Basics and the Actual Debate

Abstract

This chapter focuses on the German criminal law in regard to euthanasia. Referring to the traditional classification, active indirect euthanasia, passive euthanasia, and assistance in suicide are legal in Germany, whereas active direct euthanasia is a crime. As criminal law is to be interpreted in the light of the Constitution, the most relevant Constitutional principles such as human dignity, the right to life and physical integrity, and the right to self-determination are presented. This legal overview is complemented by some of the currently most controversial issues within the topic. These include the impact of the new German law on living wills on the criminal law on euthanasia. Among other relevant debates, the issue of the criminalization of commercial assistance in suicide is discussed. The chapter concludes that despite the difficulties in the practical differentiation, the law on euthanasia is rather clear in Germany. The problem that remains, however, is the legal insecurity still largely found among the population and also among physicians and even lawyers. This insecurity leads to a frequent circulation of unqualified warnings, for one of a discussion concerning the legalization of active direct euthanasia, which currently is not at all being considered.