Decision in Germany: Legal regulation of euthanasia failed

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Initially, a proposal for stricter rules in the Criminal Code was rejected. 304 MPs voted in favor of the draft of a group around MPs Lars Castellucci (SPD) and Ansgar Heveling (CDU), 363 voted against and there were 23 abstentions.

The competing draft from a group led by Katrin Helling-Plahr (FDP) and Renate Künast (Greens) then received 287 yes votes, but there were 375 no votes and 20 abstentions.

The initiative was prompted by a landmark ruling by the German Federal Constitutional Court in 2020, which overturned a ban on commercial euthanasia in the Penal Code that had existed since 2015 – because it violated the individual’s right to die self-determination.

“Business” has nothing to do with money, but means “designed to be repeated”. The judgment opened a door for organized offers – but expressly with the possibility of regulation. The Bundestag has not made use of this possibility.

Both approaches should specify conditions and requirements for deadlines and advisory obligations to regulate assisted suicide for adults. The proposal from the Castellucci/Heveling group provided for a new regulation in the criminal code. It should read: “Anyone who, with the intent to promote the suicide of another, commercially facilitates, arranges or mediates to do so shall be liable to a term of imprisonment not exceeding three years or a fine.” However, exceptions must also be made.

The proposal of the Künast/Helling-Plahr group expressly provided for a regulation outside the penal code. There should be a “law to protect the right to die self-determination and to regulate assisted suicide”. Two groups had joined forces for the advance. The draft states: “Anyone who wants to end his life out of an autonomously formed, free will has the right to ask for help.” Doctors can then prescribe medication for adults. (SDA)

Source: Blick