О Соотношении понятий эвтаназия и преступление
About the Relationship of the Term of Euthanasia and the Criminal Offense

Author(s): Evstegnev Alexey Sergeevich
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Health and medicine and law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: The right to live; The right to die; Murder; Euthanasia; Criminal act; Signs of a criminal offense; Illegality; Social danger; Guilt; Guiltiness; Criminal responsibility; Criminal legislation;
Summary/Abstract: The author examines questions about the relationship between the concept of euthanasia and the crime. The word euthanasia comes from the Greek word euthanasia - eu-good+tanathos- death, which in translation means a good or easy death. In our opinion, euthanasia is the intentional killing of a terminally ill person, who has been informed about the real state and prospects for curing the disease, carried out at the request of the sick person himself or at the request of properly informed close relatives, doctors, as well as others informed about the real state of health of the terminally ill person. A sick person is motivated for euthanasia by compassion in order to get rid of the constant, unbearable physical and psychological suffering caused by the disease that inevitably leads to death. In the paper, the author draws attention to the fact that an incurably ill person, aware of the futility of treating his illness, consciously and explicitly begs to be deprived of his life in order to bee freed from unbearable suffering. While a criminal offense is socially dangerous act committed by the defendant, prohibited by the criminal law under the threat of punishment. After a detailed analysis of the concepts of euthanasia and the criminal act, the author comes to the conclusion that euthanasia does not fall into the category of socially dangerous actions because it is carried out at the expressed request of a sick person, for reasons of compassion, and with the sole aim of relieving the sick person of unbearable pain and suffering. As regards the criminal act, it is committed against the will of the victim fro low motives and, as a rule, has personal, often selfish goals. Based on the results of the analysis, the author indicates that euthanasia is not a criminal offense.

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