Residential College | false |
Status | 已發表Published |
Doctor's criminal liability and medically assisted death - The Portuguese case | |
Vera Lúcia Raposo1,2 | |
2019-06 | |
Source Publication | European Journal of Health Law |
ISSN | 0929-0273 |
Volume | 26Issue:3Pages:240-254 |
Abstract | Recently, the Portuguese Parliament discussed four proposals aimed at allowing some forms of medically assisted death. However, all of them were rejected by the majority. Therefore, doctors who in some way accelerate a patient's death risk being convicted of the crime of homicide. Portuguese law provides some legal mechanisms that can exempt a doctor from criminal liability, such as causes excluding the conduct's wrongfulness, and causes excluding the doctor's culpability. Other elements to take into consideration are a proper interpretation of homicide crimes, thereby excluding conducts without the intent to kill; the relevance of patient consent; and the rejection of medical futility. This article explains how a doctor may not be held criminally accountable for medically assisted death, even in restrictive jurisdictions such as the Portuguese one. |
Keyword | Criminal Liability Homicide Medical Futility Medical Liability Medically Assisted Death Patient's Consent Portugal |
DOI | 10.1163/15718093-12264430 |
URL | View the original |
Indexed By | ESCI |
Language | 英語English |
WOS Research Area | Government & Law |
WOS Subject | Law |
WOS ID | WOS:000472772400004 |
Publisher | BRILL ACADEMIC PUBLISHERS |
Scopus ID | 2-s2.0-85068148435 |
Fulltext Access | |
Citation statistics | |
Document Type | Journal article |
Collection | Faculty of Law |
Corresponding Author | Vera Lúcia Raposo |
Affiliation | 1.Faculty of Law,University of Macau,Macao 2.Faculty of Law,University of Coimbra,Coimbra,Portugal |
First Author Affilication | Faculty of Law |
Corresponding Author Affilication | Faculty of Law |
Recommended Citation GB/T 7714 | Vera Lúcia Raposo. Doctor's criminal liability and medically assisted death - The Portuguese case[J]. European Journal of Health Law, 2019, 26(3), 240-254. |
APA | Vera Lúcia Raposo.(2019). Doctor's criminal liability and medically assisted death - The Portuguese case. European Journal of Health Law, 26(3), 240-254. |
MLA | Vera Lúcia Raposo."Doctor's criminal liability and medically assisted death - The Portuguese case".European Journal of Health Law 26.3(2019):240-254. |
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