Caregiver Murder Treachery Compassion Defense

The defendant, a caregiver, was accused of causing the deaths of 22 residents in several nursing homes, raising the question of whether these acts qualified as murder due to treachery (Heimtücke). The court confirmed that treachery exists when a perpetrator exploits the victim's unsuspecting or defenseless state, which arises from the victim's trust in the perpetrator, noting that an attack from a caregiver within the protected sphere of a care relationship is unexpected, rendering the victims unsuspecting and defenseless. However, the court indicated that this qualifying element of murder could be negated if the perpetrator acted out of compassion to spare a terminally ill person from extreme suffering, provided this motive is objectively justifiable based on a comprehensive assessment of the specific circumstances of each case, including the victim's condition and the caregiver's relationship with them.