Finding a Compromise: A Criminal Law Defence for Regulating Medical Assistance in Dying
| Published date | 01 December 2024 |
| DOI | http://doi.org/10.1177/00220183241276996 |
| Author | Chrystala Fakonti |
| Date | 01 December 2024 |
Finding a Compromise: A
Criminal Law Defence for
Regulating Medical Assistance
in Dying
Chrystala Fakonti
Glasgow Caledonian University, UK
Abstract
The legal discourse surrounding euthanasia and assisted suicide continues to evolve, with a
growing demand for comprehensive regulation. However, in England and Wales, assistance
in dying remains prohibited. This article draws on criminal law theory to propose a comprom-
ising approach to cases of medical assistance in dying by creating a new criminal law defence.
This defence will be available to a physician assisting a patient to die on the conditions of auton-
omy and beneficence. If this defence is successful, it will completely remove the physician’s
criminal liability.
Keywords
Assisted death, euthanasia, assisted suicide, defence, justification
Introduction
Assistance in dying is usually subdivided into two categories. ‘Euthanasia’refers to a physician actively
and intentionally terminating a patient’s life, usually by administering lethal drugs, after the patient’s
request.
1
‘Assisted suicide’refers to the action taken to assist, aid, help, encourage or facilitate the
suicide of another person, where the final act causing death is taken by the person wanting to die
rather than the agent assisting.
2
In English law, actively terminating another’s life, even at that
person’s competent request, is charged with murder, facing the most severe sentence, mandatory life
Corresponding author:
Chrystala Fakonti, School of Business and Society, Glasgow Caledonian University, Gasglow, UK.
Email: Chrystala.Fakonti@gcu.ac.uk
1. Philip Lewis, ‘Assisted Dying Bill’House of Lords Library (08 October 2021)
dying-bill-hl/> accessed 22 September 2023.
2. O Guillod and A Schmidt, ‘Assisted Suicide under Swiss Law’(2005) 12 Eur J Health Law 25, 26.
Article
The Journal of Criminal Law
2024, Vol. 88(5-6) 319–331
© The Author(s) 2024
Article reuse guidelines:
sagepub.com/journals-permissions
DOI: 10.1177/00220183241276996
journals.sagepub.com/home/clj
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