Autor: Dragoş Pârgaru
Publicat în: Curierul Judiciar nr. 8/2020
Revistă disponibilă: aici.
The right to die in Romania. Critical analysis of the crime of homicide at the request of the victim
Abstract: One of the most important topics that arise at the crossroads between law and bioethics is the existence or not of a right to die and the way such a right should be absorbed by legislation. The debate on euthanasia and assisted suicide exists in all developed countries and how such debate reflects upon domestic legislation varies. In Romania, starting with 2014, the Criminal Code comprises a new offence, art. 190, homicide at the request of the victim. This mitigated version of homicide seems to be an expression of a concern on the topic of euthanasia. However, the manner in which the legislator described the crime is not at all irreproachable, but rather on the contrary. One may note inconsistencies between different offences and a lack of attention regarding different situations that may fall under such criminal norms. In the end of the article, we ask what could be next in Romania’s legislation regarding this topic. Are we headed towards a decriminalization of euthanasia and/or assisted suicide or we will remain in a status quo which does not realistically allow not even the enforcement of current legislative innovations?
Keywords: euthanasia; assisted suicide; homicide at the request of the victim; right to die.