Obsesia terapeutică. Pro și contra eutanasiei –noi provocări ale legislației românești
Therapeutic obsession. Pros and Cons of Euthanasia - New Challenges of Romanian Legislation

Summary/Abstract: The recognition of a right to die is an extremely sensitive issue, susceptible of multidimensional approach - religious, social, medical, legal - but impossible to be concluded at the moment. Euthanasia is a crime in the name of compassion by causing the death of a person, with his/hers consent, a deliberate act to end a patient's life with the intention to end his suffering.Although euthanasia and assisted suicide are legalized in many countries, legal recognition of their social usefulness actually puts into question the limits to which the protection of the right to life must be exercised. Paradoxically, the very right to life - an essential principle, constituting the indispensable condition for exercising other guaranteed rights, doesn’t enjoy a well-defined bordering.Romanian legislature absolute rejects euthanasia practices and the new Criminal Code - Law no. 287/2009 provides murder at the request of the victim as a mitigating form of murder, so resubmitting the tradition existing in our national law, this conduct being criminalized by prior art. 468 of the 1936 Penal Code.

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