Die (potentielle) Umverteilung von Lebenschancen als vollendetes oder versuchtes Tötungs- oder Körperverletzungsdelikt?

Based on the manipulations during liver allocation, this paper investigates if a potentially caused redistribution of chances to survive can be judged as a completed or attempted killing or assault to the disadvantage of an affected patient. We will see that a completed offense is to be rejected due to the impossibility of proving the causality. Therefore, the paper focuses on the attempted killing. Here, four main questions are discussed. The first one is whether the current organ allocation rules are unconstitutional, which will be confirmed. The second question is whether this result eliminates the possibility of a crime in the event of an infringement against these rules, which will be declined. The third question is whether the organ allocation rules protect the life of each individual patient, which will be confirmed. The last question is whether it is plausible to say that the doctor intends for the death of disadvantaged persons. As a rule, this cannot be assumed.