Judge Eyad Muhessin Dhamed

2018-12-13 12:22:00

"My life has been miserable in recent years and I am happy to end it" Australian botanist, Kudal, said before his death after he chose euthanasia in a clinic to provide euthanasia.

Euthanasia is a service to those who voluntarily choose to die because of incurable disease and severe physical pains and they want to get rid. he /she is often given a drink intended to end life in a harmless and comfortable way.

Supporters of euthanasia are based on the idea that man  has the right to life and safety body and also has the right to seek the death and put an end for his/her suffering.

The killing is, in simplest definition, loss the soul of man intentionally or wrongfully. This act is criminalized by all legislations and laws  so that in this definition, it is different from the euthanasia since the later is on the request of the victim to help him to get rid of his/her pain. The painful is a matter in both cases since it is hurt to the sick person and his lovers  to leave a sick person with terminal illness and pains cannot be afforded and if you help him to end his suffering ,it will be terrifying and worrying for the society and humanitarian feelings. Thus, euthanasia touches the safety body and the liability of the state and its health and legal  institutions to protect the life of  citizens.

Most of the states expressly prohibit the murder at  the request of the victim by their law including the Swedish Penal Code in which the article (114)stipulates that anyone who kills a person on his or her serious and urgent request shall be punished by imprisonment.

The legislations of some states have permitted the euthanasia like Netherlands and Belgium. however, some of Arab legislations expressly criminalize the euthanasia as Lebanese and Syrian laws. Yet , the penalties imposed by the lawmakers of these two laws on those who commit the murder upon the request of the victim is lighter than the punishment of the deliberate killing this includes approval by lawmaker that the request of the victim to die is a reason for mitigating the punishment. At the same time , other laws don't deal with such issue like Iraqi law since the articles(405)and(406) that punish the murder doesn't refer to satisfaction of the victim. Thus the article (405) stipulates that " any person who willfully kills another is punishable by life imprisonment or imprisonment for a term of years. The text doesn't distinguish between the killing on aggressive motive or on passion motive since it is applicable in whole  if we consider that the victim of euthanasia wants to get rid his sufferings and seeks to commit suicide and asks the help to do that , I think the article(408)will be applicable to this incident since it punishes any person who incites a person to commit suicide or assist him in any way to do so by term of imprisonment not exceeding 7 years.

The mitigating excuse , in such facts , can be applied for accused and the murder is considered for honorable motive in pursuant to article(128)of Penal Code. during my reading  the decisions issued by Iraqi courts, I haven't found a case has been filed including murder for passion motive whether killing a sick person suffers incurable disease or killing  the disabled children by their fathers  as those filed before the European courts whereas French court discharged a mother who killed her young child girl since she was deaf-mute  and suffered of loss of balance .She said she would carry out the same act if she was the same situation. Although all justifications provided by the defenders the right to choose the death, passing laws do not criminalize this action, it  may be ricks for life of people who are not able to express their will and suffer autism or deaf-mute  that means the state abandons its protection and leaving them to be victims of their families and relatives who can killed them by law at any time.

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