S. 216 of the German Criminal Code poses another delict that can be characterised, as opposed to s. 211, as a privileged instead of a qualified form of s. 212. In cases of a killing on request or on demand (Tötung auf Verlangen), the sentence is lowered to anywhere between 6 months and 5 years. If the elements of s. 216 are fulfilled, this is likely to preclude the application of both s. 212 and s. 211!
The special conditions of s. 216 consist of an (objectively) express and earnest request by the victim and the perpetrator being (subjectively) motivated by the request.
In order for the victim’s request to be express or explicit, it must have been unmistakably and unequivocally clear that the victim desired to be killed.
The victim must also have acted in a conscious state of mind. Their free will must not be impaired, e.g. by a chronic state of depression.
That request must form the cause of the offender’s homicidal intent as well as the primary guiding force behind his actions.
S. 216 also implicitly clarifies that mere consent, unlike e.g. self-defence or necessity, is no grounds of justification for intentional homicide!
