LAW AND FREEDOM '
shall examine the criminal law, in particular crimes of murder (art. 575 cp), murder of consent (art. 579 cp), instigation or assisted suicide (art. 580 cp), the problems of suicide and euthanasia, and the legal consequences of infection with HIV.
First of all, what emerges from our legal system is the absolute unavailability of human life. A key aspect of this prediction is not written, it is certainly the provision for voluntary homicide. Even the arrangement of the murder of consenting reaffirms this approach, while allowing consent to the killing of his own person, as a feature that can significantly influence the treatment of sanctions against the guilty. That's the minimum set out in Article twenty-one years. 575, is passed to the gap from six to fifteen requirement laid down. 579. The agreement, noted, must also appear as a personal, real, thoughtful and timely.
Passing on the side of suicide, our system does not incriminate her attempted form. It does, however, the provision of art. 580 (instigation or assisted suicide), capable of reconciling the above attempted suicide with the fundamental principle of absolute respect for human life. The behavior charged is just one who participates in a physical way (by providing the means) or psychological (affecting strongly the will) about another's suicide. If at this point connected with the said Article. 32, paragraph 2 of the Constitution (there is no obligation to medical treatment, if not expressly prohibited by law), it is clear that, if the connection between the individual to end his own life, and its practical implementation, any person not involved (unless, of course, the proprietor of life), the ordering is not reason to take action, shall respect the personal freedom of the agent. Conversely, if the process of formation of the suicide accompanied by external intervention or format, here then take over the criminal provisions.
The same article of the Constitution establishes the legality of euthanasia passive consent (suspension of a treatment that keeps the patient alive, with the consent of that). As for active euthanasia (deletion of human life by the acts), of course, there is no legislation is concerned, it is murder.
Finally, with regard to the consequences of infection with HIV, a key element back to be the consensus. The carrier of AIDS, aware of your country, must inform potential partners of his "illness", and obtain consent to carry out sexual acts, in this case, he will not impeachable, then if the infection occurs. The behavior that results certainly can not come in stripes (art. 581 cp); incorporate the crime of injury (art. 582 cp) only when the infection reaches the level of AIDS. Since this injury, although at a later date, could result in death.
recap: death as a result of the crime of injury, and then applied art. Cp 584 (manslaughter). What was said is absolutely valid, missing an adequate legislative framework.
Summary of Stefano Nannini
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