BIOETYKA / WPROWADZENIE

BIOETYKA / WPROWADZENIE - Przeglądy aktów prawnych

Termination of Life on Request and Assisted Suicide (Review Procedures) Act – 01.04.2002

Chapter II. Requirements of Due Care

Article 2

1. The requirements of due care, referred to in Article 293 second paragraph Penal Code mean that the physician:

a. holds the conviction that the request by the patient was voluntary and well-considered,

b. holds the conviction that the patient’s suffering was lasting and unbearable,

c. has informed the patient about the situation he was in and about his prospects,

d. and the patient hold the conviction that there was no other reasonable solution for the situation he was in,

e. has consulted at least one other, independent physician who has seen the patient and

has given his written opinion on the requirements of due care, referred to in parts a –d, and

f. has terminated a life or assisted in a suicide with due care.

2. If the patient aged sixteen years or older is no longer capable of expressing his will, but prior to reaching this condition was deemed to have a reasonable understanding of his interests and has made a written statement containing a request for termination of life, the physician may carry out this request. The requirements of due care, referred to in the first paragraph, apply mutatis mutandis.

3. If the minor patient has attained an age between sixteen and eighteen years and may be deemed to have a reasonable understanding of his interests, the physician may carry out the patient’s request for termination of life or assisted suicide, after the parent or the parents exercising parental authority and/or his guardian have been involved in the decision process.

4. If the minor patient is aged between twelve and sixteen years and may be deemed to have a reasonable understanding of his interests, the physician may carry out the patient’s request, provided always that the parent or the parents exercising parental authority and/or his guardian agree with the termination of life or the assisted suicide. The second paragraph applies mutatis mutandis.

Chapter III. The Regional Review Committees for Termination of Life on Request and Assisted Suicide.

Article 8

1. The committee assesses on the basis of the report referred to in Article 7 second paragraph of the Burial and Cremation Act whether the physician who has terminated a life on request or assisted in a suicide has acted in accordance with the requirements of due care, referred to in Article 2.

2. The committee may request the physician to supplement his report in writing or verbally, where this is necessary for a proper assessment of the physician’s actions.

3. The committee may make enquiries at the municipal autopsist, the consultant or the providers of care involved where this is necessary for a proper assessment of the physician’s actions