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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