The offense of homicide by request of the victim introduced by the new Romanian Criminal Code

Abstract

Euthanasia is a murder committed under an impulse of mercy in order to end physical torments of a person suffering from an incurable disease, and whose death is, therefore, inevitable. However, there are differences between passive euthanasia and active euthanasia. The first is the withholding life-prolonging measures and resources when death is otherwise inevitable, while the second is the direct causing - death act of the incurable patient, with his consent, in order to avoid further suffering.

Does one have a right to take one's life? The right to have one's life terminated at will is subject to social, ethical, and legal strictures. In some countries it is legal and also, socially acceptable to have one's life terminated given a sufficient deterioration in the quality of life and the imminence of death.

In this article, the author examines the provisions of the new Criminal Code relating to the incrimination of murdering on victim’s request in terms of legality, ethics and morality.