Tod und Teilhabe

The so-called „Göttinger Organallokationsskandal“ uncovered in 2011 has shaken the organ donation system in Germany. The transplant doctor, who was later charged but ultimately acquitted, had made false statements to the Eurotransplant procurement centre for the benefit of his patients. The case is a textbook example of medical criminal law, as it raises numerous ubiquitous dogmatic questions on topics such as perpetration and participation, the distinction between action and omission, causality, objective attribution and intent. The work critically scrutinises previous positions in the discussion, rejects numerous arguments and shows systematic connections between individual arguments.