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222 Witold KuUsio

as a good of a social valuc that cannot bc in frcc disposdtioo of iin individual human bcing. From that assumption a statcment is madc, that a rcqucsl of a man to dcprive him or hcr of lifc, cannot be considcred justified. even if it dcrivcs from an incurable, sulTenng person, and cannot be considcred a ctrcumstancc waving illcgality of the homicide.

Ul

The same condition, according to which a man docs not have the right to a free disposition of his own lifc. becausc as a legał good is of social value, justifies legał responsibility for abdling to suicidc. A rcgulation of the article 151 of the pcnal codę forcsccs hnprisonment from 3 months to 5 years for thosc “who by instigalion or by providing help lead a person to make an attempt on the person’s own lifc."

Based on this rcgulation. a mcdical doctor who belps his incurable and suITcring patient to commit suicidc by providing him with lethal dosc of a iranquili/cr, is subject to pcnal responsibility. In the Polish pcnal codc, attempting suicidc, is of coursc not considered an ofTcnce. However, vcrbal inclination to commit suicidc, provision of hclpful information (providing information on possible ways to commit suicide), and lochnical support (providing tcchnical mcans, including Chemical mcans to commit suicidc) as wdl, arc forms of ofTences' Thcrcforc, de limy of special cquipmcnt to a sick individual which hc or she is to pul in motion to cause his or hcr own dcath, for cxamplc, cquipmcnt, which by an in-travcnous drip will inducc to a human body a dcadly dosc of morphine, constitutcs an offcncc.

Pcnal responsibility for abating to suicidc takes place also when a par-ticular person, who was offered help had not used it in such a sense that hc or she did not undertake a suiddaJ attempt. In such a situation, a perpet-rator, who provśdcd help, will not bc Icgally responsiblc for committing an offcncc. but will bc responsiblc for punishahlc attempt, which is impending by punishment of cqual valuc as the cxccution of an ofTcncc.

In the light of the dcscribcd rcgulation of Art. 151 of the P.C., also passive assistancc by a mcdical doctor in suicidc of bis or hcr incurable patient. constitutes an offcnoc. based on provision of mentai abetting to an ad of suicidc. The rcgulation of Art. 151 of the P.C. docs not forcsce

' In btenture on (hc lubjcct a poMuUtc »»» filed lo w»vc pcnal roponubibiy from a person provtding hdp to a person committing wtddc if «uch a person inggcreJ by rcasons worthy of con»*l<ralioo. A. W g » e k, Prawnukami problematyka umobójit* (Suidde in pcnal law). Warszawa 1982, p. 114 a possibility of cxlraordinary miligation of punishmcnt or dcsisting from an infliction of punishmenl in uny situation¹

A doctor, who in rclation to his trcatcd patient, has a status of a guaran-tor, should stop the preparations for suicidc undertaken out of patient‘s initiativc. In other words, a doctor has a legał responsibility not to let to a suicidal attempt of his patient. If knowing of preparations of the sick to commit suicidc, the doctor had not prevcnt it, he or she would bc legally responsiblc for the offcncc of omission as a form of an offcncc describcd in Art. 151 of the P.C. If, however. a child or an adult could not estimate the itcaning of his or hcr actions because of his or hcr psychologścal condition, the doctor would bc legally responsiblc for homiddc committod by omission, if hc did not stop the actions of such a person towards commit ting suidde.

In the last 14 years, courts in Poland sentenced 13 persona with bringing about suicidc by prompting or providing help and chargcd than with the 2 years of imprisonment. Slatistics do not show, how many of the convictcd were practicing doctor¹.

IV

The notion of cuthanasia is not rclatcd to statutory permission for termination of pregnancy if a fetus is scriously handicapped or incurable. Rcgulation of Art. 152 of the P.C. codę forcsccs a 3 years imprisonment for a perpetrator who “with the consent of the woman. procurcs an abortion with the infringcmcnl of law." An act of January 7, 1993 "on family planning, protoction of human fetus and conditions for permissibility of termination of pregnancy," States that termination of pregnancy may bc performed by a doctor in casc prcnatal examinations or other mcdical prani ses reveal a high likcłihood of serious and irrcvcrsible handicap of the fetus or an irrcversible illness endangering life. Termination of pregnancy in such siluation docs not constitutc an offcncc. Such situation is not describod as pcrmissible cuthanasia performed on a handicapped or sick fetus.

Also, homicidc of a seriously deformed ncwborn commiltcd by the mother right after the birth is not an act of cuthanasia. In such situation. the mother bears the responsibility for the offcncc of infanticidc, which is subjcct to imprisonment from 3 months up to 5 years. The rcgulation of Art. 149 of the P.C. puls the responsibility on the mother who kills a child

1

S. Putyńłki. "Eutanazja i pijtfcialm Legalizacja cuUnaz? i jej rezultaty" ftolhanaat and payduatry. Legalizatioa of eulhana&u and ilł mulitL « Materinlf of the iciemifie CenfiMte¹ "Crimtj of XX cmiary mrrbctor. Dema! - npiana non    educaliott.'' Wanaw,

21-22.05 200¹. p. 13.