Right to Commit Suicide and Assisted Suicide in the Legal System of Poland and Germany

Abstract

The article concerns the issue of admissibility of assisted suicide in Poland and Germany. The main research question is the possibility of accepting the right of an individual to commit suicide and to apply for help of the third party in this matter. The analysis of this issue has been made by comparing Polish and German regulations, with particular attention paid to the judgment of the Federal Constitutional Court issued in February 2020. The existence of the right to suicide would have to influence the perception of not only the suicide itself and the possible provision of medical assistance to persons committing a suicide attack, but also assisted suicide in form of providing resources or assistance to persons intending to commit suicide. Before the judgment was delivered, the legal assessment of such behaviour under German law depended on the relationship between the person who provided the assistance and the suicide - the institutions which provide assistance for suicide in an organised manner (for example the Swiss association „Dignitas”) were prohibited. In Poland, on the other hand, there is a dispute concerning the assessment of assisted suicide – part of the doctrine considers this to be an activity prohibited by Article 151 of the Polish Penal Code, while others considers that this provision does not apply to aid granted at the initiative of a future suicide. Therefore, the German experience is helpful in assessing the issue of admissibility of assisted suicide, especially discussion about the former regulation. The article presents criminal law regulations in both countries and an analysis of the adoption of the right to commit suicide in the Polish legal system.