Articles scientifiques DOI: 10.38023/de0103be-ff70-4927-a78b-188bb447e635

Assisted Suicide with Sarco capsule in Switzerland – do we need to think about safety rules?

Astrid Pilottin

Sandra Hotz

Domaines juridiques:

Droit de la santé

Proposition de citation: Astrid Pilottin / Sandra Hotz, Assisted Suicide with Sarco capsule in Switzerland – do we need to think about safety rules?, in : Jusletter 27 janvier 2025

Switzerland has a longstanding liberal solution to access «assisted suicide». Swiss associations provide support procedures for «assisted suicide» according to medical ethical standards and in compliance with criminal law. Currently, a new device developed to assist suicide is on the Swiss market, the so-called Sarco capsule and there have been questions raised about its legality. According to the Swiss Therapeutic Products Act, this article discusses a possible qualification and the consequences of the Sarco capsule as a medical device. It shows how there is still room for legal debate.

Table des matières

Introduction
1. Recent legal developments in assisted dying
2. A new organization and a new device on the market: the Sarco capsule
3. A medical device?
- 3.1. Introduction
- 3.2. Medical devices are «instruments, apparatus, appliance, softwares, implants, reagents, materials and other articles»
- 3.3. A device serving a specific medical purpose?
- 3.4. Distinction from medicinal products
- 3.5. Differentiation from other products
- 3.6. List of non-medical devices which are subject to MedDO
4. In line with the federal case law on assisted suicide
Conclusion