Neglected duty to rescue[edit]
German criminal law obliges everybody to come to the rescue of others in an emergency, within certain limits (§323c of the German criminal code, "Omission to effect an easy rescue").[41] This is also known as a duty to rescue in English. Under this rule, the party assisting in the suicide can be convicted if, in finding the suicidal person in a state of unconsciousness, he does not do everything in his power to revive him.[42] In other words, if someone assists a person in committing suicide, leaves, but comes back and finds the person unconscious, he must try to revive him.[43]
This reasoning is disputed by legal scholars, citing that a life-threatening condition that is part, so to speak, of a suicide underway, is not an emergency. For those who would rely on that defence, the Federal Court of Justice has considered it an emergency in the past.
Homicide by omission[edit]
German law puts certain people in the position of a warrantor (Garantenstellung) for the well-being of another, e.g. parents, spouses, doctors and police officers. Such people might find themselves legally bound to do what they can to prevent a suicide; if they do not, they are guilty of homicide by omission.
Iceland[edit]
Assisted suicide is illegal. “At the current time, there are no initiatives in Iceland that seek the legalization of euthanasia or assisted suicide. The discussion on euthanasia has never received any interest in Iceland, and both lay people and health care professionals seem to have little interest in the topic. A few articles have appeared in newspapers but gained little attention.”[44]
Luxembourg[edit]
After failing to get royal assent for legalizing euthanasia and assisted suicide, in December 2008 Luxembourg's parliament amended the country's constitution to take this power away from the monarch, the Grand Duke of Luxembourg.[45] Euthanasia and assisted suicide were legalized in the country in April, 2009.[46]
The Netherlands[edit]
Main article: Euthanasia in the Netherlands
Physician-assisted suicide is legal under the same conditions as euthanasia.
New Zealand[edit]
Main article: Euthanasia in New Zealand
Assisted suicide is illegal in New Zealand. Under Section 179 of the Crimes Act 1961, it is illegal to 'aid and abet suicide.'
Romania[edit]
Assisted suicide and euthanasia are illegal in Romania. The Penal Code of Romania criminalizes "killing upon victim's request" and "determining or facilitating suicide."[47]
South Africa[edit]
South Africa is struggling with the debate over legalizing euthanasia. Owing to the under-developed health care system that pervades the majority of the country, Willem Landman, "a member of the South African Law Commission, at a symposium on euthanasia at the World Congress of Family Doctors" stated that many South African doctors would be willing to perform acts of euthanasia when it became legalized in the country.[48] He feels that because of the lack of doctors in the country, "[legalizing] euthanasia in South Africa would be premature and difficult to put into practice […]".[48]
On 30 April 2015 the High Court in Pretoria granted Advocate Robin Stransham-Ford an order that would allow a doctor to assist him in taking his own life without the threat of prosecution. The National Prosecuting Authority has stated their intention to appeal the ruling.[49]
Switzerland[edit]
Main article: Euthanasia in Switzerland
Though it is illegal to assist a patient in dying in some circumstances, there are others where there is no offence committed.[50] The relevant provision of the Swiss Criminal Code[51] refers to "a person who, for selfish reasons, incites someone to commit suicide or who assists that person in doing so will, if the suicide was carried out or attempted, be sentenced to a term of imprisonment (Zuchthaus) of up to 5 years or a term of imprisonment (Gefängnis)."
A person brought to court on a charge could presumably avoid conviction by proving that they were "motivated by the good intentions of bringing about a requested death for the purposes of relieving "suffering" rather than for "selfish" reasons.[52] In order to avoid conviction, the person has to prove that the deceased knew what he or she was doing, had capacity to make the decision, and had made an "earnest" request, meaning he/she asked for death several times. The person helping also has to avoid actually doing the act that leads to death, lest they be convicted under Article 114: Killing on request (Tötung auf Verlangen) - A person who, for decent reasons, especially compassion, kills a person on the basis of his or her serious and insistent request, will be sentenced to a term of imprisonment (Gefängnis). For instance, it should be the suicide subject who actually presses the syringe or takes the pill, after the helper had prepared the setup.[53] This way the country can criminalise certain controversial acts, which many of its people would oppose, while legalising a narrow range of assistive acts for some of those seeking help to end their lives.
In July 2009, British conductor Sir Edward Downes and his wife Joan died together at a suicide clinic outside Zürich "under circumstances of their own choosing". Sir Edward was not terminally ill, but his wife was diagnosed with rapidly developing cancer.[54]
In March 2010, the PBS FRONTLINE TV program in the United States showed a documentary called "The Suicide Tourist" which told the story of Professor Craig Ewert, his family, and Dignitas, and their decision to commit assisted suicide using Sodium Pentobarbital in Switzerland after he was diagnosed and suffering with ALS (Lou Gehrig's Disease).[55]
In May 2011, Zurich held a referendum that asked voters whether (i) assisted suicide should be prohibited outright; and (ii) whether Dignitas and other assisted suicide providers should not admit overseas users. Zurich voters heavily rejected both bans, despite anti-euthanasia lobbying from two Swiss social conservative political parties, the Evangelical People's Party of Switzerland and Federal Democratic Union. The outright ban proposal was rejected by eighty four percent of voters, while seventy eight percent voted to keep services open should overseas users require them.[56]
In June 2011, The BBC televised the assisted suicide of Peter Smedley, a canning factory owner, who was suffering from motor neurone disease. The programme - Sir Terry Pratchett's Choosing To Die - told the story of Peter's journey to the end where he used The Dignitas Clinic, a euthanasia clinic in Switzerland, to assist him in carrying out the taking of his own life. The programme shows Peter eating chocolates to counter the unpalatable taste of the liquid he drinks to end his own life. Moments after drinking the liquid, Peter begged for water, gasped for breath and became red,[57] he then fell into a deep sleep where he snored heavily while holding his wife's hand. Minutes later, Peter stopped breathing and his heart stopped beating.
United Kingdom[edit]
See also: Euthanasia in the United Kingdom
England and Wales, Northern Ireland[edit]
Deliberately assisting a suicide is illegal.[58] Between 2003 and 2006 Lord Joffe made four attempts to introduce bills that would have legalised assisted suicide in England & Wales - all were rejected by the UK Parliament.[59] In the meantime the Director of Public Prosecutions has clarified the criteria under which an individual will be prosecuted in England & Wales for assisting in another person's suicide.[60] These have not been tested by an appellate court as yet[61] In 2014 Lord Falconer of Thoroton tabled an Assisted Dying Bill in the House of Lords which passed through Second Reading and ran out of time during Committee stage before the General Election. During its passage peers voted down two amendments which were proposed by opponents of the Bill. In 2015 Labour MP Rob Marris signaled his intention to introduce an assisted dying Bill, based on the Falconer proposals, into the House of Commons. Second Reading is scheduled for 11th September and will be the first time the main chamber will be able to vote on the issue since 1997. A Populus poll found that 82% of the British public agreed with the proposals of Lord Falconer's Assisted Dying Bill at the end of its passage.[62]
Scotland[edit]
Unlike the other jurisdictions in the United Kingdom, suicide was not illegal in Scotland before 1961 (and still is not) thus no associated offences were created in imitation. Depending on the actual nature of any assistance given to a suicide, the offences of murder or culpable homicide might be committed or there might be no offence at all; the nearest modern prosecutions bearing comparison might be those where a culpable homicide conviction has been obtained when drug addicts have died unintentionally after being given "hands on" non-medical assistance with an injection. Modern law regarding the assistance of someone who intends to die has a lack of certainty as well as a lack of relevant case law; this has led to attempts to introduce statutes providing more certainty.
Independent MSP Margo MacDonald's "End of Life Assistance Bill" was brought before the Scottish Parliament to permit assisted suicide in January 2010. The Catholic Church and the Church of Scotland, the largest denomination in Scotland, opposed the bill. The bill was rejected by a vote of 85-16 (with 2 abstentions) in December 2010.[63][64]
The Assisted Suicide (Scotland) Bill was introduced on 13 November 2013 by the late Margo MacDonald MSP and was taken up by Patrick Harvie MSP on Ms MacDonald's death. The Bill is expected to enter the main committee scrutiny stage in January 2015 and reach a vote in Parliament several months later.[65]
Neglected duty to rescue[edit]German criminal law obliges everybody to come to the rescue of others in an emergency, within certain limits (§323c of the German criminal code, "Omission to effect an easy rescue").[41] This is also known as a duty to rescue in English. Under this rule, the party assisting in the suicide can be convicted if, in finding the suicidal person in a state of unconsciousness, he does not do everything in his power to revive him.[42] In other words, if someone assists a person in committing suicide, leaves, but comes back and finds the person unconscious, he must try to revive him.[43]This reasoning is disputed by legal scholars, citing that a life-threatening condition that is part, so to speak, of a suicide underway, is not an emergency. For those who would rely on that defence, the Federal Court of Justice has considered it an emergency in the past.Homicide by omission[edit]German law puts certain people in the position of a warrantor (Garantenstellung) for the well-being of another, e.g. parents, spouses, doctors and police officers. Such people might find themselves legally bound to do what they can to prevent a suicide; if they do not, they are guilty of homicide by omission.Iceland[edit]Assisted suicide is illegal. “At the current time, there are no initiatives in Iceland that seek the legalization of euthanasia or assisted suicide. The discussion on euthanasia has never received any interest in Iceland, and both lay people and health care professionals seem to have little interest in the topic. A few articles have appeared in newspapers but gained little attention.”[44]
Luxembourg[edit]
After failing to get royal assent for legalizing euthanasia and assisted suicide, in December 2008 Luxembourg's parliament amended the country's constitution to take this power away from the monarch, the Grand Duke of Luxembourg.[45] Euthanasia and assisted suicide were legalized in the country in April, 2009.[46]
The Netherlands[edit]
Main article: Euthanasia in the Netherlands
Physician-assisted suicide is legal under the same conditions as euthanasia.
New Zealand[edit]
Main article: Euthanasia in New Zealand
Assisted suicide is illegal in New Zealand. Under Section 179 of the Crimes Act 1961, it is illegal to 'aid and abet suicide.'
Romania[edit]
Assisted suicide and euthanasia are illegal in Romania. The Penal Code of Romania criminalizes "killing upon victim's request" and "determining or facilitating suicide."[47]
South Africa[edit]
South Africa is struggling with the debate over legalizing euthanasia. Owing to the under-developed health care system that pervades the majority of the country, Willem Landman, "a member of the South African Law Commission, at a symposium on euthanasia at the World Congress of Family Doctors" stated that many South African doctors would be willing to perform acts of euthanasia when it became legalized in the country.[48] He feels that because of the lack of doctors in the country, "[legalizing] euthanasia in South Africa would be premature and difficult to put into practice […]".[48]
On 30 April 2015 the High Court in Pretoria granted Advocate Robin Stransham-Ford an order that would allow a doctor to assist him in taking his own life without the threat of prosecution. The National Prosecuting Authority has stated their intention to appeal the ruling.[49]
Switzerland[edit]
Main article: Euthanasia in Switzerland
Though it is illegal to assist a patient in dying in some circumstances, there are others where there is no offence committed.[50] The relevant provision of the Swiss Criminal Code[51] refers to "a person who, for selfish reasons, incites someone to commit suicide or who assists that person in doing so will, if the suicide was carried out or attempted, be sentenced to a term of imprisonment (Zuchthaus) of up to 5 years or a term of imprisonment (Gefängnis)."
A person brought to court on a charge could presumably avoid conviction by proving that they were "motivated by the good intentions of bringing about a requested death for the purposes of relieving "suffering" rather than for "selfish" reasons.[52] In order to avoid conviction, the person has to prove that the deceased knew what he or she was doing, had capacity to make the decision, and had made an "earnest" request, meaning he/she asked for death several times. The person helping also has to avoid actually doing the act that leads to death, lest they be convicted under Article 114: Killing on request (Tötung auf Verlangen) - A person who, for decent reasons, especially compassion, kills a person on the basis of his or her serious and insistent request, will be sentenced to a term of imprisonment (Gefängnis). For instance, it should be the suicide subject who actually presses the syringe or takes the pill, after the helper had prepared the setup.[53] This way the country can criminalise certain controversial acts, which many of its people would oppose, while legalising a narrow range of assistive acts for some of those seeking help to end their lives.
In July 2009, British conductor Sir Edward Downes and his wife Joan died together at a suicide clinic outside Zürich "under circumstances of their own choosing". Sir Edward was not terminally ill, but his wife was diagnosed with rapidly developing cancer.[54]
In March 2010, the PBS FRONTLINE TV program in the United States showed a documentary called "The Suicide Tourist" which told the story of Professor Craig Ewert, his family, and Dignitas, and their decision to commit assisted suicide using Sodium Pentobarbital in Switzerland after he was diagnosed and suffering with ALS (Lou Gehrig's Disease).[55]
In May 2011, Zurich held a referendum that asked voters whether (i) assisted suicide should be prohibited outright; and (ii) whether Dignitas and other assisted suicide providers should not admit overseas users. Zurich voters heavily rejected both bans, despite anti-euthanasia lobbying from two Swiss social conservative political parties, the Evangelical People's Party of Switzerland and Federal Democratic Union. The outright ban proposal was rejected by eighty four percent of voters, while seventy eight percent voted to keep services open should overseas users require them.[56]
In June 2011, The BBC televised the assisted suicide of Peter Smedley, a canning factory owner, who was suffering from motor neurone disease. The programme - Sir Terry Pratchett's Choosing To Die - told the story of Peter's journey to the end where he used The Dignitas Clinic, a euthanasia clinic in Switzerland, to assist him in carrying out the taking of his own life. The programme shows Peter eating chocolates to counter the unpalatable taste of the liquid he drinks to end his own life. Moments after drinking the liquid, Peter begged for water, gasped for breath and became red,[57] he then fell into a deep sleep where he snored heavily while holding his wife's hand. Minutes later, Peter stopped breathing and his heart stopped beating.
United Kingdom[edit]
See also: Euthanasia in the United Kingdom
England and Wales, Northern Ireland[edit]
Deliberately assisting a suicide is illegal.[58] Between 2003 and 2006 Lord Joffe made four attempts to introduce bills that would have legalised assisted suicide in England & Wales - all were rejected by the UK Parliament.[59] In the meantime the Director of Public Prosecutions has clarified the criteria under which an individual will be prosecuted in England & Wales for assisting in another person's suicide.[60] These have not been tested by an appellate court as yet[61] In 2014 Lord Falconer of Thoroton tabled an Assisted Dying Bill in the House of Lords which passed through Second Reading and ran out of time during Committee stage before the General Election. During its passage peers voted down two amendments which were proposed by opponents of the Bill. In 2015 Labour MP Rob Marris signaled his intention to introduce an assisted dying Bill, based on the Falconer proposals, into the House of Commons. Second Reading is scheduled for 11th September and will be the first time the main chamber will be able to vote on the issue since 1997. A Populus poll found that 82% of the British public agreed with the proposals of Lord Falconer's Assisted Dying Bill at the end of its passage.[62]
Scotland[edit]
Unlike the other jurisdictions in the United Kingdom, suicide was not illegal in Scotland before 1961 (and still is not) thus no associated offences were created in imitation. Depending on the actual nature of any assistance given to a suicide, the offences of murder or culpable homicide might be committed or there might be no offence at all; the nearest modern prosecutions bearing comparison might be those where a culpable homicide conviction has been obtained when drug addicts have died unintentionally after being given "hands on" non-medical assistance with an injection. Modern law regarding the assistance of someone who intends to die has a lack of certainty as well as a lack of relevant case law; this has led to attempts to introduce statutes providing more certainty.
Independent MSP Margo MacDonald's "End of Life Assistance Bill" was brought before the Scottish Parliament to permit assisted suicide in January 2010. The Catholic Church and the Church of Scotland, the largest denomination in Scotland, opposed the bill. The bill was rejected by a vote of 85-16 (with 2 abstentions) in December 2010.[63][64]
The Assisted Suicide (Scotland) Bill was introduced on 13 November 2013 by the late Margo MacDonald MSP and was taken up by Patrick Harvie MSP on Ms MacDonald's death. The Bill is expected to enter the main committee scrutiny stage in January 2015 and reach a vote in Parliament several months later.[65]
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