Jugement Kantonsgericht (VD - HC/2020/206)

Canton:	VD
Case number:	HC/2020/206

Instance:	Kantonsgericht
Department:	Cour d'appel civile

Kantonsgericht Entscheid HC/2020/206 vom 26.03.2020 (VD)

Date:	26.03.2020
Force of law:	-

Summary:	The Cantonal Court of Geneva has overturned the conviction of a doctor for violations of the Therapeutic Products Act. The doctor had prescribed the deadly agent sodium pentobarbital to a healthy 86-year-old woman to commit suicide. The court concluded that the Therapeutic Products Act is not applicable in this case. It is now necessary to check whether the doctor should be convicted on the basis of the Narcotics Act. The case was remitted to the Police Court of the Canton of Geneva for a new decision. More detailed summary: On March 26, 2020, the Cantonal Court of Geneva overturned the conviction of a doctor for violations of the Therapeutic Products Act. The doctor had prescribed the deadly agent sodium pentobarbital to a healthy 86-year-old woman to commit suicide. The court concluded that the Therapeutic Products Act is not applicable in this case. The Therapeutic Products Act regulates the dispensing of medicinal products, in particular the requirements for approval and dispensing by doctors. However, in this case, the subject of the dispute was not the delivery of a medicine to a sick person, but the delivery of a deadly agent to a healthy person. Since the Therapeutic Products Act is not applicable, it is now necessary to check whether the doctor should be convicted on the basis of the Narcotics Act. The Narcotics Act regulates the handling of narcotics, in particular the dispensing of narcotics by doctors. The case was remitted to the Police Court of the Canton of Geneva for a new decision.
Rule of Law:	Art. 100 BGG;Art. 106 ZPO;Art. 240 ZPO;Art. 255 ZPO;Art. 261 ZPO;Art. 291 ZGB;Art. 310 ZPO;Art. 312 ZPO;Art. 314 ZPO;Art. 317 ZPO;Art. 4 ZGB;Art. 57 ZPO;Art. 74 BGG;Art. 80 SchKG;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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