BGH overturns manslaughter verdict against Berlin heart specialist – new murder trial

As presiding judge Gabriele Cirener explained, however, the underlying factual findings from the original trial remain intact. According to those findings, the heart specialist had killed a male and a female patient (both 73) on a cardiac intensive care unit in 2021 and 2022, respectively, using an overdose of an anesthetic. Both patients died of cardiac arrest within a few minutes of being administered the anesthetic "Propofol," according to reports.

Motives and circumstances of the acts

According to the established findings, the deaths of the two individuals were unavoidable but unpredictable in terms of timing. The actions were said to have been carried out out of compassion for the patients and their relatives. The prosecution had argued for murder in the trial and filed an appeal; the defense had argued for acquittal and also filed an appeal. The BGH, however, dismissed that latter appeal.

The BGH ruled that the new criminal chamber must reassess potential murder criteria. The legal classification of the acts – as manslaughter or murder – thus remains unresolved. At the center of the matter is the question of whether the killings were carried out for base motives or in a treacherous manner.

Path of the investigation

The 56-year-old had come onto the investigators' radar following an anonymous tip. According to Charité, the tip was submitted through a kind of whistleblower system involving trusted lawyers. Employees of the hospital who notice irregularities, for example, can turn to that system. In May 2023, he was taken into pretrial detention.

The senior physician had been released from duties by Charité in August 2022. The Regional Court had suspended the arrest warrant. As a result, after just under a year in pretrial detention, the doctor initially did not have to return to prison. He must report to the police twice a week as long as the verdict has not become final.

Outlook on the new proceedings

With the overturning of the original verdict, the criminal proceedings on the merits begin anew. No information was initially given regarding the exact hearing date before the Berlin Regional Court. The evidence presented in the first instance – particularly the testimony of nursing staff and relatives – is likely to play a central role in the new proceedings.

The case had already attracted nationwide attention immediately after the 2024 conviction, as it touches on the boundaries between medical action, assisted dying, and criminal homicide. In the ongoing proceedings as well, it is expected that the question of the doctor's motive – medical care or intent to kill – will be at the center of the trial.