Ustawowe znamiona zabójstwa eutanatycznego w ujęciu art. 150 k.k.

Abstract

The aim of this study is to present regulations concerning euthanasia determined in Article 150 of the Polish Criminal Code. In the following analysis I examine statutory features of the aforementioned offence, in particular its attendant circumstances related to the issue of the legally valid request and sympathy of the perpetrator. The paper discusses the value of the evidence from court expert opinions (psychiatrist and psychologist) in view of the euthanasia perpetrator’s mental condition. The article also briefly describes the issue of legal protection of Article 150 of the Polish Criminal Code, types of euthanasia (active and passive), as well as the issue of doctors’ criminal liability. The legal dogmatic method has been applied in the study. The paper is based mainly on the analysis of relevant legislation currently in force, judicial decisions and the opinions of the sciences of criminal law representatives. The empirical study conducted as a case study is based on case no. 5 Ds. 23/12 PR w L. r. I also briefly present analysis results of the interview with Igor Tuleya (Judge of the District Court in Warsaw) conducted on 28th October 2016. The study has been carried out based on the legal status as of 1st October 2016.