Verfassungs- und strafrechtliche Herausforderungen der Triage

The Covid-19 pandemic has raised constitutional and criminal law questions regarding the allocation of limited medical care resources. What criteria can be used for allocation if medical treatment resources are not sufficient to treat all patients in need of medical care? Is the legislator obliged to standardise an allocation criterion by law? What are the risks of criminal liability for staff making an allocation decision? The work attempts to answer these questions and, among other aspects, analyses different allocation criteria from a constitutional perspective, with consideration of § 5c IfSG. The criminal law chapter focuses on the discussion of ex-ante and ex-post triage.