DiKE Paternalismus im Strafrecht der Sterbehilfe

Starting from a right to self-determined dying, this work exposes paternalism in the criminal law of assisted dying and examines paternalistic justification models in terms of their normative premises and their legitimacy for justifying criminal interventions at the end of life. A focus is placed on illustrating the limits of (pseudo-)autonomy-oriented paternalism. The critiques of paternalism in the context of the forms of assisted dying specify a concept of liberal personal autonomy. At the same time, the issue of criminal law regarding assisted dying is discussed comprehensively: suicide assistance including § 217 a.F. StGB, measures to alleviate suffering that shorten life, the cessation of treatment, as well as § 216 StGB, where, following an analysis of the legal good, soft procedural-paternalistic considerations de lege ferenda are added.