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224 Witold Kulesza

during birth undcr ihc influence of the course of dcłivery. A strong ex-pcricncc. such as a shock. may be caused by mother’s perception that ber child is to a large extend deformed. The shock in w ruch a mother kills her own baby justifie* her milder legał responsibility, in oomparisoQ to a com-mon homicidc. Evcry other person but the mother. who causes death of a handicap, incurable or disformed newbom, inciuding a m cdi cal doctor, can be chargcd with homidde as a crimc.

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Rcgulations set up in the Codę of Mcdical Ethics correspond with regulaiions of the pcnal codę by naming euthanasia an offence. The codę of ethics in the vcrsion proclaimcd by the National Congrcss of Mcdical Doctor* on Octobcr 20. 2003. conslitutes ccpressis yerbis that: "a doctor cannot apply cuthanasia or hdp a sick individual in commilting a suiddc" (Art. 31). At the same timc. tbc codę of ethics points out that in tenninał conditions a doctor is not obłigateć to undertake and cooduct reanimation. persistent therapy or use cxtraordinary mcans (Art. 32.1). Commcntaries stress, howcver, that disconti-nuancc of persistent therapy cannot a im at premature death of a patiem. Anotbcr regulation of the codę of ethics points out that, a dedsion to ccasc reanimation belongs to a doctor and rclatcs to an cstimatc of chanocs for treatment (Art. 32.2). If the sick is in the terminal condition. tbc doctor i$ obligated to make cvery efTort to provide the sick with humamtarian terminal carc and dcccnt conditions to dic. Also, the codc points out that a doctor should. umil tbc cnd. soften the pain of a sick who is in terminal conditioa and should sustain. as far as mcdical conditions pamit, the quality of an ending lifc (Art. 30).

Mcdical doctor* arc rcsponsiblc for actions contradictory to the principles of mcdical ethics bcforc mcdical courts. Professional responsibility of mcdical doctor* is independent from pcnal responsibility for ofTcnccs or crimcs which. at the same timc, constitutc a brcach of the principles of ethics. A mcdical court may adjudicatc a punishment of admonition, rcbukc, and suspend the doctor for a period of 3 ycars. or pcrmancntly rcmove a doctor from practicc.

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In the publications on cuthanasia issued in Poland, a trustwonhy number of cuthanasia intcrvcntions has not bcen published. Kcprescntativcs of mcdical profession State that thcrc is a high chance that in somc ctinical conditions, particularly in cascs of incurable and suffering persons, activities undertakcn may fali into tbc term euthanasia, although, thcy arc not nnmed as such. Bccausc such surgcrics had bccn considered to be offences or cnmes committcd by mcdical doctors, thcy wcrc not rcvtalcd as concrctc esamplcs in public statcmcnts on the problem of cuthanasia. Study rcsults conductcd among mcdical doctors show that cvcry ten doctor dcclarcs his or her readiness to participatc in euthanasia, if it was considered to be legał in Poiand. Rcsults of the Polish public opinion show that the nuinbcr of pcoplc supporting the legality of cuthanasia is incrca&ing. Currcntly, a num-ber of 37 to 50 pcrccnt of respondents support cuthanasia.

Conscqucntly, Catholic Church in Poiand speuks its mind against lcgali-zation of euthanasia and against provjding help for a suicidc, by taking the position defmed in encyclical of John Paul II F.yangelium Wroc of 1995. In 2003, Lpiscopate of Poiand stalcd in its Ictlcr dircctcd not only to the Catholics but to the entire medical sodety, joumalists and cducalors as well, that "the inerease of the number of persons pcrmitling an option of cuthanasia constitutes an alarming sign «of the culture of dcath.»"¹⁰

Polish Professional legał literaturę refleets opinions on cuthanasia for-mulatcd and widcly analyzcd in the literaturę of other countrics It is pointed out, for cxamplc, that an cvalualion of attitudes towards euthanasia mdicatc “worldly fluctuation in this matter.’"¹ At the same timc, in Polish discussions, it is postulatcd to approach the issuc of euthanasia without cmotions, ideological prejudices and single-sided vicws in order to focus the attention of the interested on the rcal will and interests of the person severely touched by suffering, in a terminal stale.¹²

Crilical of legali/ation of cuthanasia, representativcs of the medical profession, point out that euthanasia is an espression of crisis in contcmpora-ry medicine and social policy of developcd countrics. Mcdical crisis as it is pointed out - is the result of hclplcssness in prowding carc to those who livc longcr than cvcr, thanks to progress in mcdical knowledge. Widc usage of ncw clTcctivc methods of therapy is not accompanicd by adcquatc dcvclop-ment of palliative carc and developmcnt of patient carc in terminal conditions. It is pointed out also, that incrcasing costs of therapy make it availablc only to somc groups of population, whilc discriminating the clderly and incurable. Also, euthanasia is noted to be an cxprcssk>n of family crisis, bccausc carc of an incurable lovcd one is a psychological and materiał "exces.Mvc burden." A number of hospices for persons in terminal stale bas bccn growing in Poiand. It ineludes hospices set up by soaal organ izations and the Church.

" In the wud letter publithed by the CWerence of the Epiacopalc of Poiand.

" K. Pokle wiki-K ozielt, “O euUn»/ji w hrictic nowych koncepcji prawniczych “ [On mthanaua m the Ujht of new lejni ccaocpuj. Państwo i Prawo 1997, No. 1, p. Si “ K. Poklcwtki - Kozicii. "Pottmganic cuUnuji prawnicze - medyczne - etyczne" [Perceptron of cuthanasia - k*al - tsedical - rthical',. Fańitwc i Prano 1998. No. 11 p. 9*.