Patient autonomy and criminal law

Abstract

The chapter examines the autonomy of the patient in the context of Greek criminal law. First, the legal rules for respecting the patient’s autonomy are presented with regard not only to the beneficiaries of these rules, but also to the groups of individuals to whom autonomy is not recognised. The meaning and the preconditions of legal consent are also discussed, while particular reference is made to minors and persons with serious mental problems or other illnesses affecting their legal capacity as well as prisoners. The criminal arsenal in place for the protection of patient autonomy is then examined. In Greece there are no specific provisions for the criminal treatment of violations of the patient’s autonomy in general, but there are specific criminal rules for specific medical acts. In addition, the existing general criminal provisions for the protection of individual freedom, physical integrity and life offer sufficient protection. Still, criminal violations of the patient’s autonomy can be justified, under the conditions laid down by law, when a more important legal interest, such as public health, has to be protected. The chapter concludes with an overall assessment of Greek criminal law concerning the protection of the patient’s autonomy, and a list of proposals that have been put forward to address the problems arisen in praxis is given.