Challenges in considerations of euthanasia as a crime and an act of mercy

Abstract

Does a human being have the right to a dignified death? This question inevitably turns to the problem of euthanasia as well. Euthanasia is a topic that can be approached in a number of ways, including religious, sociological, medical, and ethical approaches. The aim of this paper is to provide, first and foremost, a comparative account of the penological aspects of euthanasia. The authors explain the concepts of euthanasia and assisted suicide and analyse the problem in light of the legal solutions in Hungary, France, Germany, Belgium, and the Netherlands. These analyses are based on the study of pertinent literature, analysis of a case from the practice of the European Court of Human Rights, and use of the comparative method. The study examines the situation in Croatia de lege lata, where active euthanasia is prohibited and death on demand is recognized as a privilege murder. Following the discussion, the authors suggest that a specific euthanasia law be passed as a potential de lege ferenda solution.