The second unique aspect about assisted suicide in Switzerland stems from the open nature of the Swiss Penal Code (Art. 115 StGB), and subsequent case law.
According to Swiss law, ‘a person who, for selfish motives, persuades or assists another person to commit suicide will be punished with imprisonment of up to five years.’ This means that anyone who does not act ‘selfishly’ (eg. who does not benefit from financial or other gain including personal promotion) commits no crime.
Following from this unique Article, the person receiving the assistance does not need to be ill. However, Swiss case law, (Swiss Federal Supreme Court decision BGE 133 I 58) mandates that the person requesting the help must possess decision-making capacity and they must have ‘control’ or ‘ownership of the action’ over their death (‘Tatherrschaft’ in German). This is the criteria for a Swiss voluntary assisted death (VAD).