X-Message-Number: 4097
Date:  Mon, 27 Mar 95 17:40:54 
From: Jones Tanya L <>
Subject: Euthanasia in Holland

Ian Taylor initially asked about the
status of euthanasia in Holland.  In
February of 1993, the Ministry of
Justice (the Hague) issued a press
release on this topic.

An extensive debate in the Lower House 
of Dutch Parliament considered a 
proposal by the Dutch government to 
establish the procedure for "reporting 
cases of euthanasia, with euthanasia 
itself remaining a criminal offense."

The following is excerpted from the
Ministry's press release.

"Euthanasia is to remain a criminal
offense in the Netherlands.  Medical
actions which accelerate the
termination of life must be reported
to the public prosecutor, who will
decide on a case-by-case basis whether
prosecution should follow."

The definition section states: "In
every day usage, the word euthanasia
covers various acts that accelerate
the end of life by means of medical
intervention in the case of patients
who are in the final stages of a
terminal illness, in a situation of
suffering with no prospect of relief. 
According to the bill currently before
the Upper House of the Dutch
Parliament (#22 572), euthanasia must
be seen as active medical intervention
to cut short life at the express
request of the patient."

The reporting procedure involves: "The
doctor in charge of the case submits a
written report to the local coroner.
The coroner informs the public
prosecutor of the doctor's report and
the cause of death."

"The report covers:
 --the patient's medical history;
 --the request to end life.  This relates
 specifically to the question of whether
 the patient, of hisown free will, made an
 express andcarefully considered request
 to have his life ended.  If there was no
express request, the doctor must
explain the reason for this and
whether, perhaps, this subject was
discussed with the patient or his next
of kin at an earlier stage;
 --the consultation with a fellow doctor;
--the means taken to end life."

 "On the basis of this report, the public
prosecutor can decide either to drop
the case or to prosecute with,
ultimately, a Court verdict.  If the
active ending of life was not carried
out at the express request of the
patient, the public prosecutor will in
principle start proceedings"

Relevant articles of the Wetboek van
Strafrecht (Criminal Code) include:
art. 293 WvS: "Anyone who takes the
life of another at that other's
express and serious request, will be
punished with a prison sentence of a
maximum of twelve years, or a category
five fine." 
art. 294 WvS:  "Anyone who
deliberately incites another to commit
suicide, assists him in doing so, or
provides the means for him to do so
will, if suicide follows, be punished
with a prison sentence of a maximum of
three years, or a category four fine."
art. 40 WvS: "Anyone who is forced to
commit an offense under irresistible
compulsion is not punishable."

My personal understanding is that it
appears that the bottom line is that
assisted suicide is illegal, but if
done, requires an express (preferably
written) request from the patient to
end his life, and only select cases
will be prosecuted.  This is also the
most current information I have. If
anyone has anything more current,
please contact me at Alcor. 

If anyone wants a copy of the full
press release or more information
about euthanasia in Holland, contact:

Ministerie van Justitie
Directie Voolichting
Scheldeldoeskaven 100
Postbus 20301
2500 EH Den Haag
the Netherlands
tel (070) 3-70-68-50
fax (070) 3-70-79-37

If provided with a postal address, I'd 
be happy to mail copies of the release 
to interested persons.

Tanya

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