Laura J. GörgensDie Strafbarkeit des Arztes im Rahmen des pharmakologischen Neuroenhancements

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Nowadays it is no longer only possible to achieve superhuman athletic performance, to change body parts almost at will or to form them from scratch, but also to optimize these functions of the human brain using pharmacological substances. This phenomenon of so-called neuroenhancement has become an explosive topic worldwide in recent years and is particularly widespread among those groups of people who are under increased stress, pressure to succeed and time. While traditional increases in performance were still exclusively or at least primarily determined by the actions of those affected, the involvement of third parties is increasingly possible and necessary, in this case that of doctors or pharmacists. This also opens up a considerable field for criminal regulations, because the demarcation between socially accepted self-optimization on the one hand, the protection of the person concerned from himself or the protection of the interests of third parties on the other hand, raises not only medical, but also ethical and related legal questions. For this reason, there is a need for legal clarification as to when such an enhancement in the context of doctor-patient relationship may also have to be countered with the most severe state instrument, criminal law. The main objective of the present work is therefore to professionally process the criminal liability of the doctor in the context of pharmacological neuroenhancement and to clarify the extent to which the treating doctor is responsible for the administration or prescription of psychotropic drugs to optimize brain performance towards the healthy patient. In addition, it is discussed which conditions must be attached to the patient's valid consent in order to possibly achieve an exemption from prosecution in favor of the doctor. In order to make a coherent classification in the system of a comprehensive legal order, important medical and ethical aspects were also taken into account. In this respect, the different intentions for the use of neuroenhancers, their areas of application, the different modes of action and the associated risks also flow into the criminal liability test.

Ihr Werk im Verlag Dr. Kovač

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