Abstract

The “right to life” of every human being, understood as independent of the will of the legislator, natural law, does not find in the current legal system a contrario, the “right to die”. In Polish law, not all forms of euthanasia are punishable. First of all, euthanasia is forbidden, i.e. killing a second person under the influence of compassion caused by a severe and incurable disease and related suffering, after the thought of art. 150 of the Act of 6 June 1997, the Penal Code. This is a privileged type of murder, i.e. threatened by a more lenient criminal sanction than an ‘ordinary’ murder. For the murder of euthanasia from 3 months to 5 years of imprisonment, however, there is the possibility of extraordinary mitigation of punishment, and even waiving its imposition. Of course, not every murder under the influence of compassion and on demand can be a milder responsibility for the offender. A person inflicted on demand by someone who is insane or moribund or underage will be an ‘ordinary’ murder. In addition, there must be serious reasons for the demand for homicide (severe suffering). It will not be euthanasia, but an ‘ordinary’ homicide committed at the request of eg a melancholy with a broken heart. Euthanasia is not only an action (eg injection of poison), but also abandonment (for example, not ordering a life-supporting drug – only for a doctor and nurse).

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