Facts
The Federal Supreme Court dealt with an agreement between the Office of the Attorney General of the Canton of Zurich and Association X. regarding organized assisted suicide. The appellants requested that the agreement be annulled, as it violated various constitutional rights as well as the federal Therapeutic Products Act and Narcotics Act. The Federal Supreme Court did not enter into the appeal, but stated in the judgment that the agreement is void. The agreement regulated, among other things, the requirements and procedure for assisted suicide, the lethal substance (sodium pentobarbital), its prescription, and its handling. Furthermore, the procedure of the criminal investigation authorities after granted assisted suicide and the reporting of violations of the agreement were regulated.Considerations
The Federal Supreme Court concluded that the agreement is unlawful. It lacks a legal basis and violates substantive criminal law and narcotics law. Furthermore, there are deviations from the Swiss Code of Criminal Procedure and the instructions of the Office of the Attorney General regarding investigations of extraordinary deaths. The court explained that Art. 115 of the Swiss Criminal Code contains a conclusive regulation on assisted suicide. The provisions of the agreement meant a specification of Art. 115 of the Swiss Criminal Code, particularly with regard to the requirements…