Facts
The appellant, Dr. med. [X.] , a psychiatrist, was active as a prescribing physician and member of the ethics commission at the assisted suicide organization [D.] . He supported the suicide of [A.] , who suffered from a mental illness and had expressed a desire to die for years. The appellant conducted several conversations with [A.] and accompanied him in carrying out the suicide. The public prosecutor's office of the canton of Basel-Stadt brought charges against the appellant for intentional homicide and incitement to suicide.
The Court of Appeal of the canton of Basel-Stadt convicted the appellant of intentional homicide in indirect perpetration and sentenced him to a prison term of four years. The appellant lodged a complaint with the Federal Court and requested that the judgment be overturned and that he be fully acquitted.
Considerations
The Federal Court examined the question of whether [A.] was capable of judgment when he committed suicide. The court expert, Prof. Dr. med. [E.] , had stated in his expert opinion that [A.] suffered from severe depression and was not capable of judgment. The appellant had relied on the court expert's assessment and argued that [A.] had been capable of judgment.
However, the Federal Court came to the conclusion that the lower court had rightly assumed [A.] 's incapacity of judgment. The appellant had not…