Saturday, June 26, 2010

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termination of life-sustaining treatment based on the patient's will is not punishable

The central finding of the Supreme Court: that of a supervisor - in line with the now-enacted provisions of § § 1901 a, 1904 BGB - justified tested the consent of the patient not only the termination of treatment by simply making no further food, but also a positive action, the termination or prevention was one of her not or no longer intended treatment. One only at the outward appearance of action or inaction based distinction the euthanasia of unpunished criminal killing of patients is not a substantive difference between the forward end to a life of killing and fair attitudes that make the disease-related death leave with the consent of the affected its course.

Judgement of the Bundesgerichtshof of 25 June 2010 - 2 StR 454/09

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Bandidos bailiff Administrative Court of Gelsenkirchen

The Administrative Court Gelsenkirchen regulated in a preliminary process that a bailiff, who also is a member of the motorcycle club Bandidos, may continue to serve as bailiff. The Higher Regional Court Hamm had the applicant in April 2010 with immediate effect from his duties bailiff service suspended. It should, until further notice in the central judicial service with the district court to act. Accused was the applicant, he was the owner of a property in a neighboring town, which he had leased to the motorcycle club Bandidos. With the consent of the applicant, the home front in the "team colors" had been made. The applicant may sympathize with the aims and activities of the group or even actively support this. The true measure the prestige of the civil service and protect the applicant against unauthorized charges.
The Administrative Court recognized not related to the secondment official reason that an urgent Action presupposes. Neither the applicant have had intra-official guilty of anything, nor would he accused of criminal acts. Neither the rental of his house to the Bandidos motorcycle or his membership in the club violated statutory provisions. Furthermore, subject no evidence that an adverse combination of its "Bandidos" - showing membership of the business as a bailiff. . Although would the Bandidos in the public often suspected to be criminally active involvement of an applicant in such activities would not be apparent (VG Gelsenkirchen - 12 L 461/10).. The

Officials responsible for the compulsory service, that his conduct justice within and outside the service of respect and trust must be the required job. This general duty requires including a respectful and tactful behavior towards colleagues and employees.

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