Criminal Legal Issues and Solvation for Passive Assisted Dying and Assisted Suicide
A passive assisted dying by a physician according to the actual willingness or presumed willingness of patients would be essentially to let them die of natural causes, i.e. die from diseases. It wouldn’t be murder or suicide in the meaning of Criminal Law, and would be innocent according to the law in force. its reason in respect of the legal dogmatics might be that the guarantor’s obligations the physician had would be excluded concerning the elements of crime, or that the medical illegality would be interrupted, even though the issued act seems to correspond with the elements of murder. The related regulations of Hospice Palliative Care Act and Patient Autonomy Act wouldn’t be valid. Indeed, a presumed willingness needs more proof or someone would overstep the patients’ autonomy, and therefore insult excessively the patients’ life which needs the state to take protection. As to the suicide arising from an abetment or an assistance of someone according to paragraph 275 section Criminal Law, a restriction of its range should be added by legislature, even though it wouldn’t be cease to apply, to let the patients who suffer from life difficulties could end their own life by the assistance of others.