BACKGROUND & AIMS:
:The purpose of this paper is to present the legal aspects associated with assisted suicide in Switzerland and compare them with those in other countries. Like euthanasia, assisted suicide is a subject that induces much discussion in many countries. While the law is very liberal in some countries, such as Belgium and the Netherlands (where both euthanasia and assisted suicide take place), these practices are very controversial in other countries, such as France, where they remain taboo subjects. In the United States of America, the laws concerning assisted suicide can differ greatly from one state to another. For example, in Oregon, assisted suicide is allowed if applied by a medical doctor; in others, this act is illegal. In Canada, it is punishable according to the Criminal Code. In Switzerland euthanasia is punishable by law. However, the penal code does not condemn assisted suicide, whether carried out by a medical doctor or another person, provided it is not carried out through selfish motives. The application of these practices has become simplified in recent years and societies for the right to die with dignity based on this principle have come into being (Exit and Dignitas). In the French- and German-speaking parts of Switzerland the association Exit assists individuals living in Switzerland with serious progressive and incurable disease in their engagement to end their life. The association Dignitas, in the German-speaking part of Switzerland, also undertakes--in the same circumstances--to assist individuals coming from foreign countries. Dignitas welcomes several such individuals every year, especially from Germany, where a similar approach does not currently exist.
背景与目标:
:本文的目的是介绍瑞士与辅助自杀有关的法律方面,并将其与其他国家的法律进行比较。像安乐死一样,辅助自杀是一个引起很多国家讨论的话题。尽管在一些国家(例如比利时和荷兰(安乐死和辅助自杀都发生于此)),法律非常宽松,但在其他国家(如法国),这些做法却一直是有争议的话题,而法国仍然是禁忌对象。在美利坚合众国,有关辅助自杀的法律可能因州而异。例如,在俄勒冈州,如果由医生实施自杀辅助是允许的;在其他国家,这种行为是非法的。在加拿大,根据《刑法》应处以刑罚。在瑞士,安乐死应受到法律制裁。但是,刑法并不谴责助自杀,无论是由医生还是由其他人实施的,只要它不是出于自私的动机而实施的。近年来,这些做法的应用已得到简化,基于这一原则的享有尊严的死亡权的社会已经形成(退出和尊严)。在瑞士讲法语和德语的地区,出口协会协助生活在瑞士的患有严重进行性和不治之症的人参与生活,以结束他们的生命。位于瑞士德语区的Dignitas协会在同样情况下也承诺协助来自国外的个人。 Dignitas每年都会欢迎几个这样的人,特别是来自德国的德国,那里目前还没有类似的做法。