Das neurotechnische Enhancement und die strafrechtliche Bewertung der ärztlichen Tätigkeit als Körperverletzung

authored by

Sven Kersten

supervised by

Susanne Beck

Abstract

The thesis is dedicated to the topic of technical neuroenhancement and the criminal liability of physicians in Germany. Neuroenhancement refers to the targeted improvement of cognitive abilities with the help of pharmacological substances or technical interventions and is becoming increasingly important in society. A prominent position in the consideration of technical interventions is given to transcranial magnetic stimulation, as the most likely future procedure for enhancing cognitive performance.

The paper begins with a comprehensive introduction to the topic of neuroenhancement, emphasizing its social relevance. The focus, however, is on the legal dimension of the phenomenon, in particular the question of whether physicians who use neuroenhancement methods can be criminally prosecuted for bodily injury under § 223 of the German Penal Code. It is analyzed under which conditions the actions of a physician can be considered as criminal bodily injury and what role the consent of the persons plays. In addition, the extent to which neuroenhancement procedures could be classified as immoral within the meaning of § 228 of the German Panel Code is discussed.

The findings of this in-depth analysis contribute to a deeper understanding of the complex legal and ethical issues surrounding neuroenhancement. In addition, recommendations for possible future legal developments are formulated to assist physicians and individuals in making decisions regarding neuroenhancement.

Organisation(s)

Chair in Criminal Law, Criminal Procedural Law, Comparative Criminal Law and Philosophy of Law

Type

Doctoral thesis

No. of pages

306

Publication date

2024

Publication status

Published

Sustainable Development Goals

SDG 16 - Peace, Justice and Strong Institutions