Euthanasia as a criminal act

1. Euthanasia as a criminal act Stanišić Kristina (83/17) Radinović Nevena (85/17) Fuštić Milica (71/17)

2. III. Internationalstudent conference „Safety in local communities-legal and criminological perspectives“’, Podgorica, 9 April 2019 Euthanasia as a criminal act Authors: Stanišić Kristina (83/17) Radinović Nevena (85/17) Fuštić Milica (71/17) Student conference on Security and Safety in local communities, Podgorica, Montenegro, 9. 4. 2019

3. Euthanasia • Term euthanasia has several meanings. First of all, term euthanasia comes from greek word euthanasia, which is used to describe an easy and painless death, so called-good death, while in medicine euthanasia means a process of setting the patient free of pains by giving him narcotics or killing the patient who suffers from incurable disease in order to take him out of misery. On the contrary, this explanation does not match with it he one used in criminal law. There, euthansia means killing from mercy and the term is used to describe all the problem which occur in case when patient decides to refuse to start or continue the treatment that doctor use some medical device to cause earlier death. • Euthanasia, seen as taking one’s life from mercy, presents historical but also contemporary problem of medicine, law, religion, ethics, as well as the problem which has a great number of supporters on one, and opponents on the other side. The question which caused clash of different opinions sounds like this: Does man get a right to die just like he gets a right to live, according to the European Convention on human rights and freedoms.

4. By analyzing criminal law justice systems of European countries, it is concluded that the problem of euthanasia can be in three possible ways. First one is strongly traditional and it completely forbids euthanasia due to the attitude that it is equal to murder. The second one is completely different from the first one, and it declares that euthanasia is legal and legitimate and that is allowed by legally previously mentioned. It means that euthanasia is seen as murder but it also takes into consideration motives which caused this action. Penalty for that is shorter than for the regular murder. In other words, euthanasia is privileged murder. • First countries in Europe that made euthanasia legal Netherlands and Belgium and soon after them Luxembourg and Switzerland. Besides European countries, euthanasia was legal in Australia and some countries in USA such as Oregon, Montana and Washington.

5. There is a classification which separates active from passive euthanasia. Active differs active direct euthanasia and active indirect, where active direct concerns taking patient’s life by the doctor on patient’s will and active indirect euthanasia includes giving the medicines to patient in order to ease his pains, even if it causes death to occur earlier. • The main question of legalisation of euthanasia is focused on active direct euthanasia. Also, euthanasia can be voluntary and the opposite of that, which is contradicto in terminus, because if euthanasia is not done voluntary than it means that murder with intent is commited.

6. Euthanasia and murder • What is the difference? • The action itself is the same as the criminal act of murder. However, unlike murder, euthanasia is limited to the will of the passive subject. • Why does it matters? • Moral and practical reasons. • The fine line between euthanasia and assisted suicide • If the passive subject takes their own life without direct action of the offender, it is considered assisted suicide.

7. Under which circumstances is it clear that we are talking about euthanasia? • The criminal act of euthanasia needs to be: • Premeditated (commited after planning) • Compassionate (altruistic motive) • Requested by the passive subject • The passive subject needs to be: • An adult (not only during the crime, but also while demanding to be compassionately executed) • Suffering (from a serious, incurable, deadly health condition) • What if the passive subject is braindead?

8. Punishment • In Montenegrin law • Jail sentence (6 months to 5 years) • Around the world • Life imprisonment as a maximum penalty in the UK • Up to 12 years in prison in the USA • Ability to be „left to die“ in France • Legalisation of euthanasia • The Netherlands (2002.) • Belgium (2002.) • Luxembourg (2009.)

9. The Netherlands • The Netherlands legalized euthanasia after the parliament reviewed two illegally committed cases of taking someone’s life out of mercy that happened in 1990. and 1995. It was then concluded that the number of such cases was very high and that there is a strong support and engagement of the public for decriminalisation of euthanasia. As a result of such happenings, in 2002, a law that legalized ending of life on demand and helping in committing suicide out of mercy, came into force. According to that law, euthanasia is permitted only if certain conditions were fulfilled. Doctors that completed the euthanasia, were obligated to inform the local patologist about it, then fill a certain form, attaching all needed documents. The patologist then proceeds all of the necessary documentation to the committee, that has to decide if the doctor has acted according to the law. The committee could also call upon the doctor to add to his report, if that was necessary for a certain case. In this law, regarding taking someone’s life out of mercy, there are rules regarding the euthanasia of underage civillians. The patients, between the age of 12 and 16, that were capable of making sensible decisions, could only be euthanised if the parents or the caretakers gave their permission to the doctor. However,the patients between the age of 16 to 18,that were capable of taking care of their own interests, could decide they want to be euthanaised, after parents or the caretakers consulted with the doctor. Their special acclaim is not needed. The patients condition needed to be unbereable without the possible outcome of the it becoming better.

10. Belgium • The idea of legalising euthanasia in Belgium appeared around the 1980. It was a result of the actions of the two associations that supported the right to a dignified death. The Law of euthanasia came into force in 2003. Contrary to the Netherlands, before the bringing of this law in Belgium, there were no directives or the case law regarding such matter. What is interesting in this Law is that it uses the term euthanasia in it’s content, which wasn’t the case with the Law brought in Netherlands. Also, assisted suicide is not regulated, and the reason for that could be found in the fact that there is no public need for it in Belgium, and that the difference between assisted suicide and taking someone’s life out of mercy is minimal. The patient has to be of age, or the emancipated person to have the right to demand euthanasia. The demand also has to be written down with a signature and a date. If the patient is not capable of writing, he can recite his demand to the person of his choosing, that also has to be of age, Also,the reasons why the patient himself could not write his demand must too be written down. The patient can also revoke his request at any moment, and in that case, the document is returned. Between the day of filing the request, and the day of euthanasia, there must pass the term of a month. After every completed act of euthanasia, the doctor must fill a certain form and file it to the Federal commission, that has to decide if everything was done according to the law. Also,the request for euthanasia can only be filed by the Belgium citizens.

11. Luxembourg • Luxembourg is a third country in Europe that legalised euthanasia. The Law regarding euthanasia and assisted suicide came into force in 2009. As it was the case with the Netherlands and Belgium, certain conditions nedeed to be fulfilled so that a patient could ask to be euthanised. In the relation to the two legislatives described before, the Law brought in Luxembourg is similar regarding that matter but not quite the same. In opposing to the Netherlands, the legislative in Belgium and Luxemburg approve taking a life out of mercy as a result of the mental sufferings. Also,the doctor must ask for a approval of the National council before doing the euthanasia. • With the analysis of the legislatives in these countries, we can see that their legal systems are much more liberal than the legal systems of other states, regarding this matter. These countries strongly pursue the idea of man’s free will and it’s autonomy. It is a common view for them that every person has a right to live and a right to chose a dignified death. Number of cases of euthanasia is growing every day in Europe, and euthanasia is usually used by older patients suffering from cancer.