Paternalismus im Strafrecht der Sterbehilfe

Abstract

Starting from the right of an individual to determine how and when they will die, this dissertation reveals the paternalism underlying Germany’s criminal laws on euthanasia and investigates paternalistic modes of argument in terms of their normative premises and the legitimacy of arguments for criminal end-of-life interventions. One area of focus is the exploration of the limits of (pseudo-)autonomy-oriented paternalism. Within the context of the manifestations of euthanasia, solutions that are critical of paternalism substantiate a concept of liberal personal autonomy. At the same time, criminal law issues surrounding euthanasia is discussed in detail: assisted suicide, including Paragraph 217 of the prior version of the German Penal Code, measures to shorten an individual’s life in order to reduce suffering, discontinuation of treatment, as well as Paragraph 216 German Penal Code, including an analysis of its legally protected interests, followed by considerations on soft procedural-paternalistic solutions de lege ferenda.