Germany: Oops! Man Allegedly Kills Friend Who Was Misdiagnosed as Terminally Ill

In case anyone wonders what the unintended consequences of lowered criminal penalties for “mercy killings” or “compassionate homicides” can look like, one only needs to look to Germany. (This is aside from the obviously discrimatory standard in officially labeling the murders of old, ill and disabled people as less serious crimes than the murders of nondisabled ones)

In 2002, the uproar and outrage over the murder and cannibalization of Bernd Jürgen Brandes by Armin Meiwes was increased when it was announced that Meiwes would be charged with manslaughter instead of murder. The reason for this is that Brandes had consented to his own murder, a situation that triggered a lesser charge. The outrage, of course, was that the use of the charge against Meiwes was a misuse of the law, which was meant to apply to the killing of old, ill and disabled people who wanted to be killed. Eventually, German authorities found a rationale to retry Meiwes for murder instead of manslaughter and he received a life sentence. The whole saga is chronicled in the Wikipedia entry on Meiwes.

The latest case that will no doubt spark some degree of misdirected outrage – or maybe just discomfort – is the alleged murder of a man who – because of a misdiagnosis – believed he was terminally ill.

Here’s the story:

Bochum man demands mercy killing over false cancer diagnosis

Published: 6 Feb 09 19:40 CET
Online: http://www.thelocal.de/society/20090206-17287.html

A Bochum man who thought he was terminally ill with cancer convinced a friend to stab him to death but authorities later tragically confirmed he was not sick at all, according to daily Bild.

Police discovered the body of the man, identified as 40-year-old Achim K., in his apartment at his parents’ house on Thursday morning after his alleged killer called the fire brigade regarding the incident. Following his arrest, the 32-year-old suspect indicated his friend had asked him to commit the murder, Bild reported on Friday.

The Public Attorney’s Office in Bochum has collected six witness accounts confirming the suspect’s statement, although a suicide note has yet to be found. Several witnesses – including the parents of the deceased – confirmed that Achim K. had spoken of being seriously ill with cancer in the weeks leading up to the event.

Toxicology tests should reveal in coming weeks whether the man was completely sober at the time of the event. Should the suspect be convicted of a mercy killing, he could face anywhere from six months to five years in jail, according to Bild .

The Local (news@thelocal.de)

It’s hard to predict the outcome here. The fact that the murder was done through a multiple stabbing tends to make people less sympathetic to murderers and less inclined to think “mercy” was a motive. OTOH, the German public and courts could just shrug and decide that an honest belief that someone is dying and suffering is a good enough reason to evade a murder charge and qualify for a lesser one. –Stephen Drake