Central & South America
ColombiaColombia's Constitutional Court in 1997 approved medical voluntary euthanasia but its parliament has never ratified it. Nowadays doctors there frequently do it discreetly and help suffering terminal people to die at their request.
Uruguay
In Uruguay it seems a person must appear in court, yet Article 27 of the Penal Code (effective 1934) says: "The judges are authorized to forego punishment of a person whose previous life has been honorable where he commits a homicide motivated by compassion, induced by repeated requests of the victim." As far as is known, there have been no judicial sentences for mercy killing in Uruguay.
In England and Wales there is a possibility of up to 14 years imprisonment for anybody assisting a suicide. Oddly, suicide itself is not a crime. The first prosecutorial policy statement about who will, or will not, risk criminal charges when assisting a suicide, was announced by England & Wales in 2010. Like France, there are laws banning a publication if it leads to a suicide or assisted suicide. But 'Final Exit' can be seen in bookstores in both countries.
Suicide has never been illegal under Scotland law. There is no Scots authority of whether it is criminal to help another to commit suicide, and this has never been tested in court.
The killing of another at his own request is murder, as the consent of the victim is irrelevant in such a case. A person who assists another to take their own life, whether by giving advice or by the provision of the means of committing suicide, might be criminally liable on a number of other grounds such as: recklessly endangering human life, culpable homicide (recklessly giving advice or providing the means, followed by the death of the victim), or wicked recklessness.
Germany
Germany has had no penalty for the action since 1751, although it rarely happens there due to the hangover taboo caused by Nazi mass murders, plus powerful, contemporary, church influences. Direct killing by euthanasia is a crime. In 2000 a German appeal court cleared a Swiss clergyman of assisted suicide because there was no such offence, but convicted him of bringing the drugs into the country. There was no imprisonment.
France
France does not have a specific law banning assisted suicide, but such a case could be prosecuted under 223-6 of the Penal Code for failure to assist a person in danger. Convictions are rare and punishments minor. France bans all publications that advise on suicide - 'Final Exit' has been banned since 1991 but few nowadays take any notice of the order.
Belgium / The Netherlands / Switzerland
Four European countries today openly, legally, authorize assisted dying of terminal patients at their request:
Switzerland (1940)
Belgium (2002)
Netherlands (as well as voluntary euthanasia, lawfully since April 2002, but permitted by the courts since 1984).
Luxembourg (2008)
Belgium and the Netherlands permit voluntary euthanasia, but Switzerland bans death by injection, and all have 'residents only' rules, except Switzerland which alone does not bar foreigners provided they are critically, terminally ill. In 2001 the Swiss National Council confirmed the assisted suicide law but kept the prohibition of euthanasia.
Japan has medical voluntary euthanasia approved by a high court in 1962 in the Yamagouchi case, but instances are extremely rare, seemingly because of complicated taboos on suicide, dying and death in that country.
In Uruguay it seems a person must appear in court, yet Article 27 of the Penal Code (effective 1934) says: "The judges are authorized to forego punishment of a person whose previous life has been honorable where he commits a homicide motivated by compassion, induced by repeated requests of the victim." As far as is known, there have been no judicial sentences for mercy killing in Uruguay.
Europe
United KingdomIn England and Wales there is a possibility of up to 14 years imprisonment for anybody assisting a suicide. Oddly, suicide itself is not a crime. The first prosecutorial policy statement about who will, or will not, risk criminal charges when assisting a suicide, was announced by England & Wales in 2010. Like France, there are laws banning a publication if it leads to a suicide or assisted suicide. But 'Final Exit' can be seen in bookstores in both countries.
Suicide has never been illegal under Scotland law. There is no Scots authority of whether it is criminal to help another to commit suicide, and this has never been tested in court.
The killing of another at his own request is murder, as the consent of the victim is irrelevant in such a case. A person who assists another to take their own life, whether by giving advice or by the provision of the means of committing suicide, might be criminally liable on a number of other grounds such as: recklessly endangering human life, culpable homicide (recklessly giving advice or providing the means, followed by the death of the victim), or wicked recklessness.
Sweden
While it is correct that Sweden has no law specifically proscribing assisted suicide, the prosecutors might charge an assister with manslaughter - and do. In 1979 the Swedish right-to-die leader Berit Hedeby went to prison for a year for helping a man with MS to die.
While it is correct that Sweden has no law specifically proscribing assisted suicide, the prosecutors might charge an assister with manslaughter - and do. In 1979 the Swedish right-to-die leader Berit Hedeby went to prison for a year for helping a man with MS to die.
Norway
Neighbouring Norway has criminal sanctions against assisted suicide by using the charge "accessory to murder". In cases where consent was given and the reasons compassionate, the courts pass lighter sentences. A recent law commission voted down de-criminalizing assisted suicide by a 5-2 vote.
A retired Norwegian physician, Christian Sandsdalen, was found guilty of wilful murder in 2000. He admitted giving an overdose of morphine to a woman chronically ill after 20 years with MS who begged for his help. It cost him his medical license but he was not sent to prison. He appealed the case right up to the Supreme Court and lost every time. Dr. Sandsdalen died a year ago at 82 and, curiously, his funeral was packed with Norway's dignitaries.
Neighbouring Norway has criminal sanctions against assisted suicide by using the charge "accessory to murder". In cases where consent was given and the reasons compassionate, the courts pass lighter sentences. A recent law commission voted down de-criminalizing assisted suicide by a 5-2 vote.
A retired Norwegian physician, Christian Sandsdalen, was found guilty of wilful murder in 2000. He admitted giving an overdose of morphine to a woman chronically ill after 20 years with MS who begged for his help. It cost him his medical license but he was not sent to prison. He appealed the case right up to the Supreme Court and lost every time. Dr. Sandsdalen died a year ago at 82 and, curiously, his funeral was packed with Norway's dignitaries.
Denmark
Denmark has no laws permitting assisted suicide, despite reports that it does.
Denmark has no laws permitting assisted suicide, despite reports that it does.
Finland
Finland has nothing in its criminal code about assisted suicide. Sometimes an assister will inform the law enforcement authorities of him or herself of having aided someone in dying, and provided the action was justified, nothing more happens. Mostly it takes place among friends, who act discreetly. If Finnish doctors were known to practice assisted suicide or euthanasia, the situation might change, although there is no case history.
Finland has nothing in its criminal code about assisted suicide. Sometimes an assister will inform the law enforcement authorities of him or herself of having aided someone in dying, and provided the action was justified, nothing more happens. Mostly it takes place among friends, who act discreetly. If Finnish doctors were known to practice assisted suicide or euthanasia, the situation might change, although there is no case history.
Germany
Germany has had no penalty for the action since 1751, although it rarely happens there due to the hangover taboo caused by Nazi mass murders, plus powerful, contemporary, church influences. Direct killing by euthanasia is a crime. In 2000 a German appeal court cleared a Swiss clergyman of assisted suicide because there was no such offence, but convicted him of bringing the drugs into the country. There was no imprisonment.
France
France does not have a specific law banning assisted suicide, but such a case could be prosecuted under 223-6 of the Penal Code for failure to assist a person in danger. Convictions are rare and punishments minor. France bans all publications that advise on suicide - 'Final Exit' has been banned since 1991 but few nowadays take any notice of the order.
Italy
In Italy the action is legally forbidden.
In Italy the action is legally forbidden.
Belgium / The Netherlands / Switzerland
Four European countries today openly, legally, authorize assisted dying of terminal patients at their request:
Switzerland (1940)
Belgium (2002)
Netherlands (as well as voluntary euthanasia, lawfully since April 2002, but permitted by the courts since 1984).
Luxembourg (2008)
Belgium and the Netherlands permit voluntary euthanasia, but Switzerland bans death by injection, and all have 'residents only' rules, except Switzerland which alone does not bar foreigners provided they are critically, terminally ill. In 2001 the Swiss National Council confirmed the assisted suicide law but kept the prohibition of euthanasia.
Asia & Pacific
JapanJapan has medical voluntary euthanasia approved by a high court in 1962 in the Yamagouchi case, but instances are extremely rare, seemingly because of complicated taboos on suicide, dying and death in that country.
New Zealand
New Zealand forbids assistance under 179 of the New Zealand Crimes Act, 1961, but cases are rare and the penalties lenient.
New Zealand forbids assistance under 179 of the New Zealand Crimes Act, 1961, but cases are rare and the penalties lenient.
Australia
The Northern Territory of Australia had voluntary euthanasia and assisted suicide for nine months until the Federal Parliament repealed the law in 1997. Only four people were able to use it. Other states have attempted to change the law, so far unsuccessfully.
References
1. Quebec physicians tentatively propose legal euthanasia
2. http://www2.parl.gc.ca/HouseChamberBusiness/ChamberVoteDetail.aspx?Language=E&Mode=1&Parl=40&Ses=3&Vote=34
3. http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=40&Ses=3&DocId=4451353#OOB-310984
The Northern Territory of Australia had voluntary euthanasia and assisted suicide for nine months until the Federal Parliament repealed the law in 1997. Only four people were able to use it. Other states have attempted to change the law, so far unsuccessfully.
References
1. Quebec physicians tentatively propose legal euthanasia
2. http://www2.parl.gc.ca/HouseChamberBusiness/ChamberVoteDetail.aspx?Language=E&Mode=1&Parl=40&Ses=3&Vote=34
3. http://www2.parl.gc.ca/HousePublications/Publication.aspx?Language=E&Mode=1&Parl=40&Ses=3&DocId=4451353#OOB-310984
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