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 Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=4097