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Assisted Dying in Germany 
Germany has, similarly to Switzerland, a liberal judicial frameworks for assisted dying, without a specific act, but a legal framework of general law provisions and court judgments including one by the Federal Constitutional Court dating of 26 February 2020 to regulate the practice.
Legal Status: Legal (Decriminalized)
The Federal Constitutional Court overturned the ban on “repeatedly conducted” (and therefore professional)” assisted suicide in 2020. The practice is legal and operates on general law provisions and court judgments.
Key Legislation: Federal Constitutional Court Judgment of Feb 26, 2020
The court declared § 217(1) of the Criminal Code unconstitutional and void, affirming a “right to a self-determined death.” It found that “the criminalisation of assisted suicide services in § 217(1) of the Criminal Code renders it de facto impossible for persons wanting to commit suicide to make use of assisted suicide services as their chosen form of suicide”.
Eligibility
Based on the court ruling, the right applies to any person capable of forming a “free and serious will,” regardless of whether their condition is terminal.
Summary
On 26 February 2020, the Federal Constitutional Court (Bundesverfassungsgericht) issued a landmark ruling stating that the “general right of personality” includes the “right to a self-determined death”, and, the right “to make use of assistance provided by third parties for this purpose”.
This ruling struck down Paragraph 217(1) of the Criminal Code, which had banned repetitive/professional assistance in assisted dying. After the judgment, the German Medical Association did away with prohibiting doctors to assist in assisted dying in its (Model-)Professional Code for Physicians in Germany. As a result, assisted dying is legal for doctors and organizations. However, the German Parliament (Bundestag) has struggled to accept the legal status quo and tried for a new regulatory framework. In July 2023, two competing bills failed to reach a majority
Quick Overview
The 2020 ruling was sweeping. The Court explicitly stated that the right to a self-determined death is not limited to the end of life or to specific illnesses. It is grounded solely in the individual’s autonomy.
Bundesverfassungsgericht (2020)
Click to view the press release.
Currently, access is primarily facilitated by non-profit organizations such as the Deutsche Gesellschaft für Humanes Sterben (DGHS, German Society for Humane Dying), Verein Sterbehilfe, and DIGNITAS – To live with dignity – To die with dignity German section. These organizations have established their own strict internal protocols to verify the patient’s capacity of judgment to form a “free will” and medical condition. Doctors are no longer professionally banned from assisting (after the Medical Assembly updated its code in 2021), but many remain hesitant due to a lack of interest, knowhow and education.
Visit DIGNITAS.DE (Federation Member)
for more info.
Verein Sterbehilfe (Federation Member)
for more info.
Verein Die Deutsche Gesellschaft für Humanes Sterben (Federation Member)
for more info.
History and Legislation
Germany’s legal landscape has shifted dramatically from prohibition to constitutional protection.
Paragraph 217 (2015-2020): In 2015, the Bundestag passed § 217 StGB, which criminalized the “business-like promotion of suicide.” This effectively banned right to die organizations and deterred doctors (who feared being labeled as acting “business-like” if they helped multiple patients).
The 2020 Ruling: Patients, doctors, and associations sued. The Constitutional Court ruled in their favor, declaring § 217 void. The Court emphasized that the state cannot force a citizen to live against their will.
The Legislative Vacuum (2020-Present): The Court suggested that Parliament could regulate the practice (e.g., waiting periods, counseling requirements) but could not make it practically impossible.
July 2023 Vote: Two bills were presented to the Bundestag. One proposed a strict criminal law exception (requiring psychiatric evaluation), while the other proposed a liberal rights-based law. Both failed to get a majority.
Current Situation: As of 2026, no new law has been passed. Assistance is legal provided the helper does not “control” the death (it must be voluntary assisted dying) and the patient acts freely.
Who is Eligible?
Eligibility is defined by the legal framework consisting of criminal law, civil law, and the Constitutional Court’s criteria.
- Residency: No strict legal restriction, but practical access usually requires membership in a German organization.
- Age: Adults (18+). (Minors are theoretically not excluded by the Constitution, but organizations strictly refuse them).
- Medical Condition:
- No Terminal Illness Requirement: The Court ruled that the right to die is not limited to those with terminal illnesses.
- Psychiatric Illness: Permitted in principle, provided the illness does not impair the patient’s ability to form a “free will” (capacity). This is the most complex area and requires rigorous psychiatric assessment to ensure the wish is not a symptom of the disease.
- Free Will: The core requirement is that the decision must be voluntary, serious, and permanent.
- Method:
- Assisted Dying: The patient must perform the final act (e.g., drinking the medication or opening the valve of a drip).
- Physician Assisted Dying: (The physician actively administers medication) remains Illegal under § 216 StGB.
Members
Our German Members
We currently have 63 are members of the World Federation, with 3 based in Germany.
latest news
The latest news from our members and from around the world
Our members produce helpful factsheets and newsletters. The Federation is always happy to share other sources of information in favour of our joint mission to advance assisted dying around the world.
