Facts
The case concerns the discontinuation of criminal proceedings against an assisted suicide facilitator following the suicide of a woman. The deceased woman's husband, [A.] , filed a complaint against the discontinuation of the proceedings by the public prosecutor's office. The High Court of the Canton of Thurgau dismissed the complaint, whereupon [A.] filed a criminal appeal to the Federal Supreme Court.
[B.] ingested 15 g of sodium pentobarbital on October 2, 2017 in the presence of [X.] , an assisted suicide facilitator from the euthanasia organization [Y.] , as well as three other persons, after which she died shortly thereafter. The estranged spouse [A.] then filed a criminal complaint against an unknown person, whereupon the public prosecutor's office opened a criminal investigation against [X.] on December 15, 2017. On June 20, 2018, the public prosecutor's office ordered the discontinuation of the proceedings.
Considerations
The Federal Supreme Court examined whether the lower court was right to assume a clear evidentiary situation and whether the discontinuation of the proceedings against [X.] was justified.
According to the case law, the public prosecutor's office may only order the discontinuation of proceedings in cases of clear lack of criminal liability or obvious lack of procedural requirements. If acquittal is just as likely as conviction, an indictment is generally required, especially in serious offenses.
The Federal Supreme Court concluded that the lower court was able to assume a clear evidentiary situation without acting arbitrarily. The expert medical reports attested to the deceased's capacity to make judgments shortly before her suicide. Thus, the prerequisite for a criminal incitement or assistance to suicide was not fulfilled. The discontinuation of…