[Assisted dying in Germany: possibilities and where to draw the

MMW Fortschr Med · May 2006

[Assisted dying in Germany: possibilities and where to draw the line--the legal view].

In Germany, the legal possibilities for withholding or withdrawing life-preserving measures are based on four judgments by the Federal High Court, which forbid both the deliberate killing of a patient and physician-assisted suicide. Life-saving measures may be withheld or withdrawn only when this is in conformity with the declared will of the patient (as expressed, for example, in a living will, or by the patient's proxy), and when death is to be expected within the near future. If the process of dying has already begun, such a decision may be taken even when the expressed will of the patient is not known.

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- K Kutzer.
- Vorsitzender Richter am Bundesgerichtshof a. D, Karlsbad. klaus.kutzer@web.de
- MMW Fortschr Med. 2006 May 18; 148 (20): 39-41.
AbstractIn Germany, the legal possibilities for withholding or withdrawing life-preserving measures are based on four judgments by the Federal High Court, which forbid both the deliberate killing of a patient and physician-assisted suicide. Life-saving measures may be withheld or withdrawn only when this is in conformity with the declared will of the patient (as expressed, for example, in a living will, or by the patient's proxy), and when death is to be expected within the near future. If the process of dying has already begun, such a decision may be taken even when the expressed will of the patient is not known.

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