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Mariana-Narcisa Radu ()

Fiat Iustitia, 2016, vol. 10, issue 2, 230-244

Abstract: A person’s right to live is, according to constitutional dispositions, guaranteed. As a consequence, the Romanian lawmaker has made killing a person, even if the murder is requested by the victim, illegal, as the consent of the victim does not provide appropriate justification. We must specify that in the previous regulation, this act was classified as murder, with juridically mitigating circumstances considered however. Multiple conditions must be met for the assumption of killing committed at the victim’s request to be made, and they are stated by the lawmaker, conditions that concern both the victim’s request and their state of health. Although we appreciate that the lawmaker punishes this crime with a less severe sentence than it does murder, we believe that, realistically, it is difficult to find their delimitation from one another, with judicial authorities being tasked with this difficult mission. This paper will approach, among others, the analysis of the necessary conditions for the existence of killing at the request of the victim, the sphere of subjects and its relationship withother crimes against life.

Keywords: Killing; request; incurable disease; severe infirmity; insufferable pain; consent (search for similar items in EconPapers)
Date: 2016
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Handle: RePEc:dcu:journl:v:10:y:2016:i:2:p:230-244