Review article

Euthanasia and Assisted Suicide in Criminal Law

Hrvoje Sladić ; A Lawyer in Šibenik, ŠIbenik, Hrvatska

Abstract

The author analyzes the provisions of the new Criminal Code of the Republic of Croatia from January 2013, which greatly changed the penal approach to euthanasia and assisted suicide. The Republic of Croatia joined the European Union on 1st July 2013 as the 28th member state. By that time, only three member states - the Netherlands, Belgium and Luxembourg- legalized certain forms of assisted suicide and / or euthanasia. Based on Article 114, paragraph 1 of the new Criminal Code of the Republic of Croatia certain forms of assisted suicide were legalized. Article 112 paragraph 3 significantly altered the legal description of the offense of euthanasia compared to the previous Code so that the legal description of the crime of killing on demand can now be identified with euthanasia.
In the introduction the author discusses the concept of the right to life and the "right to die" and then deals with the concept of death, the legal effects of death and the criteria for determining it. The author then refers to the definitions and concepts of euthanasia, the concept and characteristics of suicide, and further analyzes the provisions of Article 112, Paragraph 3 and Article 114, Paragraph 1. of the new Criminal Code regulating the euthanasia and assisted suicide by comparing them with the provisions of the previous Criminal Code.
The author's analysis takes into account the provisions of the Croatian Constitution guaranteeing the right to life, international conventions ratified by The Republic of Croatia, the conventions and recommendations of the European Council with regard to euthanasia and assisted suicide, but also takes into account medical regulations, the case-law of the Croatian Supreme Court, the case-law of the European Court of Human Rights and legal solutions of states that have legalized euthanasia and / or assisted suicide. In conclusion, the author attempts to answer the ethical dilemmas regarding the legalization of euthanasia and assisted suicide and gives his opinion on how Croatian legislators should regulate the issue of euthanasia and assisted suicide.

Keywords

killing on request; assisted suicide; euthanasia; the right to life; the „right to die“

Hrčak ID:

152398

URI

https://hrcak.srce.hr/152398

Publication date:

15.6.2015.

Article data in other languages: croatian

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