The Case about an Abortion of Twins in Berlin: BGH 5 StR 256/20
According to the Federal Court of Justice Germany, the border to differ a human being from an embryo, i.e. the different application of the murder and the abortion in the Criminal Law, stands in the time point of opening the uterus. There is no difference between a single pregnancy and a multiple pregnancy. Besides, it could only be no guilty to operate an abortion just before giving birth with miscarriage. The issued case might not be the situation, nor has it no ground for legal justification. Consequently it would be a murder in this case. However, as to the measurement of the penalty, the physician is obliged to plan an operation prudently for interest of the patients, but not make a criminal plan which could be a ground to enhance the penalty. Therefore, the appeal for the part of measurement of penalty is reasonable and it is remanded to the District Court.