Legal Framework
The Right to a Self-Determined End of Life in German Constitutional Law
Support in Assisted Suicide Accompaniment – Advance Care, Preparation, and Guidance
In Germany, every individual has the right to decide over their own life – including the choice of a self-determined end of life. This right derives from several fundamental principles of German law:
1. General Right of Personality (German Basic Law, Art. 2(1) in conjunction with Art. 1(1) GG)
The Basic Law guarantees the free development of personality and the dignity of the human being. This includes the decision over one’s own death, provided it is made consciously, freely, and independently.
2. Ruling of the Federal Constitutional Court (2020) – Annulment of Section 217 StGB
In 2020, the Federal Constitutional Court declared the existing ban on commercial assisted suicide (§ 217 StGB) unconstitutional. The Court clarified that the right to self-determined dying is a fundamental personal right and explicitly includes the possibility of seeking professional assistance.
3. No Criminal Liability for Assisted Suicide
Neither the autonomous decision to die nor the accompaniment or support of such a decision is punishable in Germany. The key requirement is that the decision is made free of external pressure and with full mental clarity.
4. Access to Dignified Accompaniment
Recognition of the right to self-determination means that individuals wishing to take this path must not be left alone. Compassionate, professional accompaniment ensures a respectful, safe, and dignified process.
Detailed explanations of each of these legal points can be found below in the respective sections.
General Personality Rights and the Right to a Self-Determined Death
The right to a self-determined end of life in Germany is primarily derived from the Basic Law (Grundgesetz – GG) and the case law of the Federal Constitutional Court. It is particularly founded on the general right of personality and the right to physical integrity.
General Right of Personality (Article 2(1) Basic Law in conjunction with Article 1(1) Basic Law)
Article 2(1) of the German Basic Law (Grundgesetz – GG):
“Everyone has the right to the free development of his or her personality, insofar as he or she does not violate the rights of others or offend against the constitutional order or moral law.”
→ This article protects each individual’s right to shape their life according to their own values. This explicitly includes the decision over one’s own death.Article 1(1) of the German Basic Law (Grundgesetz – GG):
“Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority.”
→ The Federal Constitutional Court has ruled that the right to a self-determined death follows directly from the principle of human dignity. The state may not categorically prohibit or unduly restrict this decision.
The general right of personality therefore guarantees every individual the ability to decide for themselves how and when their life will end. This also includes the right to seek and receive assistance or support, provided the decision is made freely and with self-determination.
Right to Life and Physical Integrity (Article 2(2) of the German Basic Law)
Article 2(2) of the German Basic Law (Grundgesetz – GG):
“Everyone has the right to life and to physical integrity. The freedom of the person shall be inviolable.”
this article protects life, the protection is not absolute. The state may not compel anyone to continue living against their will. The Federal Constitutional Court has made clear that the right to life does not imply that a person can be forced to remain alive against their own free will.
Federal Constitutional Court Ruling on Assisted Suicide (BVerfG, 26 February 2020, Case No. 2 BvR 2347/15)
In its landmark ruling of 26 February 2020, the Federal Constitutional Court clarified that the right to a self-determined death also includes the right to seek and receive assistance from third parties.
Central Findings of the Federal Constitutional Court:
The general right of personality includes each individual’s right to decide over the end of their own life.
This right also includes the entitlement to seek and receive assistance from third parties.
A statutory ban on commercial assisted suicide (§ 217 German Criminal Code – StGB, which at the time criminalized any organized assistance in suicide) was found to violate the Basic Law and was struck down.
Through this decision, it was clarified that in Germany it is not only permissible to end one’s own life in a self-determined manner, but also that individuals or organizations providing support in this process may not be categorically criminalized.
Legal and Criminal Aspects of Assisted Suicide in Germany
Assisted suicide is generally not punishable under German law, provided that the individual concerned makes their decision freely and without coercion.
No Criminal Offense in Assisted Suicide:
Under German law, suicide itself is not a criminal offense, since no one can unlawfully take their own life.
A person who assists someone wishing to end their own life does not commit a criminal offense, provided there is no coercion, fraud, or abuse involved.
Section 217 StGB (Commercial Assisted Suicide) – Ruled Unconstitutional
Before the ruling of the Federal Constitutional Court, commercial assistance with suicide was punishable under Section 217 of the German Criminal Code (StGB).
However, since this provision in practice made any form of organized assisted suicide impossible, it was declared unconstitutional and repealed.
Section 216 StGB – Killing at the Request of the Victim (Prohibited)
While assistance with suicide is permitted, active killing on request remains prohibited.
This means that no one may directly kill another person, even if it is done at the explicit request of the individual.
Physician-Assisted Suicide:
In Germany, physicians are generally permitted to provide assistance in suicide, provided the patient’s decision is made freely and with due deliberation.
Nevertheless, there are professional law restrictions, as many medical associations oppose participation in assisted suicides.
Medical Professional Regulations on Physician-Assisted Suicide
Although the Federal Constitutional Court ruled in 2020 that assisted suicide is legally permissible and the ban on commercial assistance (§ 217 StGB) was overturned, professional restrictions for physicians still remain. These restrictions arise from the professional codes of the regional medical associations (Landesärztekammern) as well as the ethical guidelines of the German Medical Association (Bundesärztekammer) and individual medical organizations.
The German Medical Association has repeatedly spoken out against the active involvement of physicians in assisted suicide. In its (Model) Professional Code for Physicians (§ 16 MBO-Ä), participation in suicide was for a long time declared incompatible with medical ethics.
However, the regulations changed as a result of the Federal Constitutional Court’s 2020 ruling:
Following the ruling, the medical associations are required to revise their professional codes, since a blanket prohibition violates the constitutionally protected right to self-determination.
Some regional medical associations (e.g., Hamburg, Brandenburg) have already amended their professional codes and now permit physicians to provide assisted suicide under certain conditions.
Other regional medical associations (e.g., Bavaria, Baden-Württemberg) continue to maintain a restrictive stance or regulate assisted suicide only in vague terms.
VitaExit helps individuals who choose a self-determined end of life to find reliable and respectful accompaniment – regardless of professional law barriers for physicians.
Palliative Treatment as an Alternative to Assisted Suicide:
In Germany, palliative care is also available to terminally ill individuals, offering them the possibility of a dignified end of life without suffering.
Assisted suicide is therefore not the only option but rather an alternative for individuals who, despite all available medical care, still express the wish for a self-determined death.
Conclusion – The Right to a Self-Determined End of Life is Constitutionally Protected
Every individual has the constitutionally protected right to end their life in a self-determined manner.
This decision also includes the right to seek assistance, provided the choice is made free of pressure and in full awareness.
The state may not impose blanket obstacles that would in practice render this right impossible to exercise.
Active euthanasia at the request of the patient remains a criminal offense, whereas assisted suicide accompaniment is generally permitted.
The Landmark Ruling on the Right to a Self-Determined Death
On 26 February 2020, the Federal Constitutional Court of Germany (Case No. 2 BvR 2347/15 et al.) issued a landmark judgment that lifted the ban on commercial assisted suicide. The Court declared Section 217 of the German Criminal Code (StGB) unconstitutional and void, as it disproportionately restricted the fundamental right to a self-determined end of life.
Background: What Did Section 217 StGB Regulate?
Introduced in 2015, Section 217 of the German Criminal Code (StGB) prohibited the “commercial promotion of suicide” and imposed penalties of up to three years’ imprisonment for violations. The law was intended to prevent organized forms of assisted suicide but also affected doctors, assisted suicide associations, and private individuals who repeatedly or systematically provided assistance with suicide. In practice, this law deprived even the terminally ill of access to professional accompaniment in assisted suicide.
The Decision of the Federal Constitutional Court
The Federal Constitutional Court made it clear that the ban on commercial assisted suicide violated the fundamental right to self-determination and was therefore unconstitutional.
Key Findings of the Judgment:
The right to a self-determined death is part of the general freedom of action (Article 2(1) of the Basic Law) and of human dignity (Article 1(1) of the Basic Law)
Every individual has the constitutionally protected right to decide over their own life and its end.
This right applies regardless of a person’s health condition, age, or the reasons underlying their wish to commit suicide.
The decision to end one’s own life must not be prevented or unreasonably hindered by the state.
The state may not impose blanket obstacles that effectively render the right to assisted suicide impossible to exercise.
The right to a self-determined death also includes the right to seek assistance from third parties.
Assisted suicide is legal not only for those seeking it, but also for doctors, assisted suicide organizations, and other supporters who provide help for altruistic or professional reasons.
“Commercial” assistance (repeated or organized assisted suicide) must not be criminalized in a blanket manner.
The law disproportionately restricted the right to self-determination.
It resulted in the fact that even the terminally ill had no legal possibility of accessing professional assisted dying.
At the same time, it encouraged so-called “suicide tourism,” forcing affected individuals to travel abroad in order to receive assisted suicide.
Consequences of the Decision – What Does the Ruling Mean in Practice?
Following the annulment of Section 217 StGB, organized assisted suicide is once again permitted.
This means:
Assisted suicide associations and service providers in this field may once again operate.
Doctors may assist patients with suicide under certain conditions.
Individuals who provide assistance regularly or professionally can do so without facing criminal consequences.
Are There New Legal Regulations?
Following the ruling, various political initiatives were introduced to establish a new legal framework for assisted suicide, aiming to ensure that assistance would only be permitted under certain conditions. However, as of 2025, no new legislation has entered into force.
Conclusion: A Milestone for the Right to Self-Determination
The 2020 ruling of the Federal Constitutional Court strengthens every individual’s right to a self-determined end of life. People who wish to take this path may seek professional assistance without supporters being criminalized in a blanket manner.
No Criminal Liability for Assisted Suicide in Germany – Legal Situation and Framework
In Germany, assisting suicide (also referred to as assisted suicide) is generally not a criminal offense, provided the decision of the individual is voluntary, well-considered, and free from external pressure.
Legal Classification of Suicide
Under German law, suicide itself is not punishable, as every individual has the freedom to decide about their own life. A fully competent person may therefore end their life without this act being considered a criminal offense under the German Penal Code (StGB). Since assistance to a non-criminal act is likewise not punishable, the principle of non-criminal liability applies to assisted suicide.
Principles and Limitations of Assisted Suicide
→ No Criminal Liability for Assistance: According to § 27 StGB, aiding a criminal act is punishable only if the principal act itself is criminal. As suicide is not a crime, assistance—such as providing medication or advice—is not punishable.
→ Requirement of Free and Autonomous Decision: Based on the constitutional right to self-determination (Art. 2(1) GG) and the ruling of the Federal Constitutional Court (BVerfG, 2020, 2 BvR 2347/15), assisted suicide is only permissible if the individual is fully competent, acts without external pressure, and is not impaired by mental illness that substantially restricts decision-making capacity.
→ Possible Criminal Liability in Other Contexts:
Killing on Request (§ 216 StGB – prohibited): Directly causing another person’s death, even upon explicit request, is a criminal offense.
Failure to Render Assistance (§ 323c StGB – punishable under certain conditions): If a person shows signs of revoking their decision after taking lethal medication, failing to seek help may constitute a criminal offense.
Former Ban on Organized Assistance (§ 217 StGB – annulled): Until 2020, “commercially oriented promotion of suicide” was punishable. The Federal Constitutional Court struck this down as unconstitutional for excessively restricting self-determination.
Significance of the 2020 Federal Constitutional Court Ruling
In its landmark decision, the Court confirmed that:
→ The general right of personality (Art. 2(1) GG) protects the right to a self-determined death.
→ This right includes the freedom to seek assistance from professionals or organizations.
→ The state may not impose blanket prohibitions that effectively make self-determined dying impossible.
Practical Implications – When Is Assisted Suicide Permissible?
In practice, assisted suicide in Germany is permissible if:
✅ The person is fully competent.
✅ The decision is voluntary and free from coercion.
✅ The choice is informed and carefully considered.
✅ The supporting individual assists without actively causing death.
Conclusion – Legally Permissible Assisted Suicide in Germany
Assisted suicide is not a crime, since suicide itself is not punishable and assistance to a non-criminal act cannot be sanctioned. Killing on request (§ 216 StGB) remains prohibited. The Federal Constitutional Court has confirmed the right to self-determined dying and clarified that organized assisted suicide must also be permitted. Crucially, the decision must always be free, autonomous, and deliberate.
VitaExit – Guidance for a Self-Determined Farewell
VitaExit supports individuals who choose assisted suicide. We provide respectful, discreet, and professional guidance to ensure that your wish for a self-determined end of life is realized with dignity and legal security. Contact us for a confidential, non-binding consultation.
Access to Dignified Support – Legal and Ethical Foundations
The right to a self-determined end of life not only includes the freedom to make an autonomous decision about death, but also the right not to face this decision alone. Compassionate and professional support ensures that the dying process takes place within a respectful, safe, and dignified framework.
The legal foundation for this right is rooted in the principle of self-determination. In its landmark ruling of 2020 (Case No. 2 BvR 2347/15 et al.), the Federal Constitutional Court confirmed that every individual has the right to a self-determined death. This also means that those who choose this path are entitled to individual support and assistance. According to Article 2(1) of the German Basic Law (general freedom of action), every person has the right to shape their life—and its end—according to their own values. The ability to seek professional assistance is an integral part of this freedom. Article 1(1) of the Basic Law (human dignity) further guarantees that death must be possible in dignity and that adequate support prevents the process from taking place in isolation or uncertainty.
Professional accompaniment fulfills several key functions. It provides emotional support and psychological stability, offering both patients and relatives the opportunity to process the decision consciously and with reduced guilt or uncertainty. It also ensures medical and organizational safety. In many cases, medical consultation or palliative support helps guarantee that the process is humane and free from unnecessary suffering. Furthermore, it provides legal security by ensuring that all steps are taken in full compliance with the law, protecting both patients and those who assist them from criminal liability.
Beyond legal and medical aspects, there is an ethical obligation to ensure dignified support. People who choose a self-determined death must not be left alone or pushed into unsafe or illegal methods. Open, non-judgmental guidance is essential to allow them a peaceful, autonomous, and fear-free farewell.
VitaExit is committed to providing empathetic, respectful, and professional assistance for those who decide in favor of a self-determined end of life. We offer individual counseling tailored to personal needs, professional support in a safe and dignified environment, and maximum discretion and respect for a decision that belongs solely to you. Our initial consultation is free of charge and without obligation. We expressly warn against providers who impose hidden brokerage fees disguised in terms and conditions. In most cases, these fees are neither transparent nor justified.
Contact us for confidential guidance. We stand by your side to ensure that your last decision is respected, safeguarded, and carried out with dignity.
Contact us!