Strafrechtliche Regulierung der reproduktiven Selbstbestimmung

The criminal provision prohibiting egg donation in the German ESchG raises fundamental questions about the legitimate use of criminal law in the sensitive field of reproductive self-determination due to the form of sanction chosen. This thesis critically examines the justification under constitutional law for the criminal prohibition of egg donation, addressing the fundamental right to reproductive self-determination and the requirements for the use of the special type of sanction imposed by criminal law. The findings are then applied to the current prohibition of egg donation, and the thesis concludes with a legislative proposal.