GRANICE KRYMINALIZACJI POMOCY DO SAMOBÓJSTWA – UWAGI NA TLE ORZECZENIA AUSTRIACKIEGO TRYBUNAŁU KONSTYTUCYJNEGO Z 11 GRUDNIA 2020 R. (SYGN. G 139/2019-71)

Abstract

The article deals with the issue of limits of the criminalisation of assisted suicide. The reason for addressing this issue is the finding of the Austrian Constitutional Court on 11 December 2020 (ref. G 139/2019-71), in which the Austrian criminal provision penalising assisting another person to commit suicide (Section 78 of the Austrian Criminal Code) was unexpectedly declared unconstitutional. The Court not only confirmed that everyone’s right to autonomous and independent decision-making in matters of personal life includes the decision as to the time and manner of a dignified death, but also decided whether an individual’s right to selfdetermination includes obtaining the assistance of another person to undertake a suicidal act. The resolution of this issue is of universal significance – including for the Polish legal order, in which assisted suicide is currently penalised without exception. The aim of the paper is not only to provide an overview of the grounds for the finding and explain the limits of criminal liability under the revised Section 78 of the Austrian Criminal Code, but in particular to resolve the question of the admissibility and legitimacy of decriminalising assistance to suicide to the extent adopted in Austrian law, which may also provide some inspiration for the Polish legislator. The study uses a formal-dogmatic method of research, which is determined by its subject. In the final conclusions it was indicated that the Austrian legislator cautiously liberalized the prohibition of assisted suicide, which, however, is not without some controversy.