The Federal Court of Justice has upheld the conviction of a doctor in NRW for providing medical assistance in dying. As the Karlsruhe judges announced on Monday, the 4th Criminal Senate rejected the defendant’s appeal against the judgment of the Regional Court of Essen, which had convicted him of manslaughter in a secondary role to three years in prison.
According to the findings of the Regional Court, the specialist in neurology and psychiatry provided assistance in dying to a patient on August 31, 2020. It is alleged that he recognized that the patient’s decision to commit suicide was impaired by an acute mental illness and was therefore not freely responsible.
The review of the judgment did not reveal any legal errors against the defendant, so the BGH stated. Thus, the judgment is binding (decision of January 29, 2025 – 4 StR 265/24).