Scholarlink

Definition of the problem <p>In its judgment of 26&#xa0;February 2020, the German Federal Constitutional Court declared the prohibition of the business-like promotion of suicide (§&#xa0;217 German Criminal Code) unconstitutional, holding that it violated the right to a&#xa0;self-determined death protected by Article&#xa0;2(1) of the German Basic Law. The court identified autonomous responsibility (<i>Freiverantwortlichkeit</i>) as the key criterion for access to assisted suicide. Although the ethical debate has extensively addressed assisted suicide in persons with mental illness, the implications of this judgment for patients detained in forensic psychiatric hospitals under §&#xa0;63 of the German Criminal Code have remained largely unexplored.</p> Arguments <p>Against the background of the specific legal framework governing forensic psychiatric institutions and their corresponding duties of care, this article examines whether assisted suicide is legally feasible for persons detained under §&#xa0;63 of the German Criminal Code. It first outlines the relevant legal conditions and then discusses the ethical challenges arising in this coercive setting. Particular attention is paid to the tension between respect for self-determination, institutional duties of protection, and the assessment of autonomous responsibility in the context of mental disorder and involuntary detention.</p> Conclusion <p>The article argues that the largely unregulated legal framework, together with the often long duration of detention in forensic psychiatric institutions, may give rise to substantial concerns of justice. In particular, patients detained under §&#xa0;63 may face structural disadvantages in exercising a&#xa0;constitutionally protected right to assisted suicide compared with persons outside forensic detention.</p>

错误：搜索内容不能为空，请输入英文关键词
错误：关键词超出字数限制，请精简
高级检索

Selbstbestimmung im Maßregelvollzug? Ethische und rechtliche Perspektiven auf assistierte Selbsttötung

  • 期刊论文

  • 发表日期：

    2026年5月29日

查看全文
  • Daniel Keck,
  • Anne Rohner

摘要

Definition of the problem

In its judgment of 26 February 2020, the German Federal Constitutional Court declared the prohibition of the business-like promotion of suicide (§ 217 German Criminal Code) unconstitutional, holding that it violated the right to a self-determined death protected by Article 2(1) of the German Basic Law. The court identified autonomous responsibility (Freiverantwortlichkeit) as the key criterion for access to assisted suicide. Although the ethical debate has extensively addressed assisted suicide in persons with mental illness, the implications of this judgment for patients detained in forensic psychiatric hospitals under § 63 of the German Criminal Code have remained largely unexplored.

Arguments

Against the background of the specific legal framework governing forensic psychiatric institutions and their corresponding duties of care, this article examines whether assisted suicide is legally feasible for persons detained under § 63 of the German Criminal Code. It first outlines the relevant legal conditions and then discusses the ethical challenges arising in this coercive setting. Particular attention is paid to the tension between respect for self-determination, institutional duties of protection, and the assessment of autonomous responsibility in the context of mental disorder and involuntary detention.

Conclusion

The article argues that the largely unregulated legal framework, together with the often long duration of detention in forensic psychiatric institutions, may give rise to substantial concerns of justice. In particular, patients detained under § 63 may face structural disadvantages in exercising a constitutionally protected right to assisted suicide compared with persons outside forensic detention.