EUTHANASIA IN THE ROMANIAN PENAL LAW

The concepts and opinions regarding the euthanasia can be divided into two categories: the first category is pro-euthanasia and the second is against it, both being supported by juridical, medical, ethical and moral reasons. Those against euthanasia start from the fundamental principles of the medical obligations, i.e. the doctor has to help the patient to the last minute. The doctor cannot terminate life but fight for it, no matter how difficult the disease and even if there is no hope anymore. To do the contrary means to encourage the suicide. Moreover, the hope for new last minute equipment with healing effect remains always present. Some of the reasons against euthanasia are specially oriented against doctors, while others are against any other person that practices euthanasia. If the doctors usually practiced euthanasia, the patients would be afraid of going to them, and these would deviate from the mission of medical profession. Another potential negative consequence of the euthanasia is represented by the fact that its legalization would weaken the general legal interdiction of manslaughter, thus reaching the situation of abuse. Another reason to reject euthanasia is that the patient's family could become interested in his/her death. Another aspect is the one of the abuse a dictatorship might make on the population, through the doctors, if the law allowed to apply the euthanasia. As neither the justice system nor medicine is infallible, an error might occur any time, this being another strong reason against euthanasia. Supporters of euthanasia are situated on the other side of the matter. They consider death as preferable to the disease in unbearable pains. The Board of Social and Sanitary Issues within the Council of Europe promoted the patient's right to refuse the therapeutically stubbornness. The decision to interrupt or continue the treatment belongs only to the patient. He/she is the only one with full rights in making this decision.