Germany’s highest court has overturned a section of the criminal code that forbade assisted suicide, following a motion by a group of terminally-ill patients and medical professionals. 

Federal Constitutional Court rules ban on assisted dying “unconstitutional”

On Wednesday, February 26, the judges of the Federal Constitutional Court in Karlsruhe delivered their verdict, declaring the ban on business-related euthanasia to be unconstitutional. 

In his ruling, court president Andreas Voßkuhle said that the right to a self-determined death “includes the freedom to commit suicide” and take advantage of offers from third parties. The ban on commercial euthanasia contained in Germany’s criminal code is, he ruled, therefore null and void. 

Paragraph 217 prohibited “business-like promotion of suicide”

Since 2015, euthanasia as a commercial service has been criminalised by paragraph 217. The law was adopted by the Bundestag to prevent associations or individuals turning suicide into a kind of business and punishes violations with up to three years in prison or a fine. 

According to the law’s understanding, “business-like” is a help that is designed to be repeated, and therefore incompatible with an issue as knotty as euthanasia. The legislation wanted to prevent suicide associations from expanding their offers, stressing that no one should feel pressured to end their lives.

This has been hotly debated ever since, with individuals who had previously facilitated assisted suicides ceasing to do so. Doctors and staff in hospices argued that they were scared that even consultations with their patients on the possibility of euthanasia would result in their being punished. As a result, many terminally ill individuals travelled to Switzerland or the Netherlands to end their lives there instead. 

Assisted suicide once again possible in Germany

With today’s ruling - that paragraph 217 is incompatible with the constitution - assisted suicide once again becomes possible in Germany. 

Active euthanasia - i.e. killing on request, for example with an injection - is and remains prohibited. With assisted suicide, the deadly medication is lawfully provided, but the patient must take it themself.