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CNAA / Theses / 2008 / May /

Legal and criminal aspects of euthanasia


Author: Mihaela Vidaicu
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2008
Scientific adviser: Sergiu Brînză
doctor habilitat, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 30 May, 2008
Approved by NCAA on the 18 September, 2008

Abstract

Adobe PDF document – 0.31 Mb / in romanian

Keywords

euthanasia, active euthanasia, passive euthanasia, assisted suicide, incurable disease, unbearable physical land physiological sufferings, murder with the consent of the victim, consent of the victim

Summary

This work represents a comparative study regarding the problem of euthanasia in contemporary criminal law, that makes an analysis of the compulsory conditions for euthanasia act and determine the importance of this subject’s research, in the conditions of big the tendencies for desincrimination of euthanasia. For achievement of this purpose there were analyzed the opinions expressed in the local doctrine, as well as the opinions of foreign authors, in the same time have been taken into consideration the solutions given by the legislation and the jurisprudence of different countries to such conflicts. Due to the fact that euthanasia subject is a very disputed and complex one this work makes references to the multidimensional and specific character of euthanasia, establishing distinctive features of this crime.

Thus, the objective and subjective elements of this crime were established and identified as well as the most important distinctions between the crime of euthanasia and other acts.

Chapter I of this work reflects the conditions for historical appearance and development of the concept of euthanasia and makes a comprehensive study regarding the definition of this concept, emphasizing the peculiarities of such an act. In the same time, were established the classification criteria and was given a legal appreciation to the forms of euthanasia, taking into consideration the opportunity or inopportunity for such a distinction.

Euthanasia is considered to be one of the crimes against life of the person, provided by the art. 148 of the Criminal Code of Republic of Moldova, that is why Chapter II consists in a complete criminal legal analysis of this crime, establishing the legal object, features of objective side and the necessity of considering the aim and the motive of this crime as compulsory signs of the subjective side, as well as determination of specific features of euthanasia in connection with similar acts.

Chapter III represents a comparative research regarding the responsibility for the euthanasia according to the legal provisions of different countries, as well as an examination of arguments for and against euthanasia’s legalization. The criminal legislation of different states was analyzed in the purpose of establishing the legal status of euthanasia according to the social dangerous character of this act, and for defining the position of international community towards such a solution.

Thus, this work represents a synthesis of the author’s reflections and illustrates his attitude regarding the necessity and importance of such an investigation for criminal law.