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Doctor's criminal liability and medically assisted death - The Portuguese case
Vera Lúcia Raposo1,2
2019-06
Source PublicationEuropean Journal of Health Law
ISSN0929-0273
Volume26Issue: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.

KeywordCriminal Liability Homicide Medical Futility Medical Liability Medically Assisted Death Patient's Consent Portugal
DOI10.1163/15718093-12264430
URLView the original
Indexed ByESCI
Language英語English
WOS Research AreaGovernment & Law
WOS SubjectLaw
WOS IDWOS:000472772400004
PublisherBRILL ACADEMIC PUBLISHERS
Scopus ID2-s2.0-85068148435
Fulltext Access
Citation statistics
Document TypeJournal article
CollectionFaculty of Law
Corresponding AuthorVera Lúcia Raposo
Affiliation1.Faculty of Law,University of Macau,Macao
2.Faculty of Law,University of Coimbra,Coimbra,Portugal
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty 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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