Criminal Liability of Third Parties with Regard to Free-Responsible Suicide: New Developments in the German Jurisdiction

Authors

  • Henning Lorenz

DOI:

https://doi.org/10.12697/JI.2019.28.09

Keywords:

suicide, self-determination, Wittig case, killing at the request of the victim (German Criminal Code, Section 216), failure to render assistance (German Criminal Code, Section 323c), free-responsible suicide, exculpation theory, consent theory, principle of impunity for incitement and accessoryship to suicide

Abstract

The German Federal Court of Justice’s 7.3.2019 judgement on questions of criminal liability of third parties with regard to free-responsible suicide offers a good opportunity to change the restrictive Wittig jurisdiction from 1984 and point in a liberal direction. The tremendous importance of self-determination indicates the impunity of third parties involved in a free-responsible suicide in which the final killing act is controlled by the person who is tired of life. This result gets confirmed by new legislation in the German Civil Code and earlier judgements in cases of euthanasia.

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Published

2019-11-13

How to Cite

Lorenz, H. (2019). Criminal Liability of Third Parties with Regard to Free-Responsible Suicide: New Developments in the German Jurisdiction. Juridica International, 28, 79–85. https://doi.org/10.12697/JI.2019.28.09

Issue

Vol. 28 (2019): Differences and Similarities between Branches of Law

Section

Articles