Zbornik Radova Pravnog Fakulteta u Nišu (Jan 2020)
Mercy killing in contemporary criminal law
Abstract
Violent acts against life and physical integrity of others certainly fall among the most dangerous forms and manifestations of violent crime. These are different forms of homicide, including a range of criminal offences of murder; given the importance, nature, characteristics, and consequences of these criminal offences, all contemporary criminal legislations prescribe severe punishment. The Criminal Code of the Republic of Serbia envisages three types of murder (Art. 113-115 CC): a) 'common' murder, punishable by a term of 5-15 years' imprisonment; b) "privileged" murder in a heat of passion (manslaughter) punishable by a term of up to 8 years' imprisonment; and c) aggravated ("qualified") murder punishable by a term of at least 10 years or 30-40 years' imprisonment. In addition, many contemporary criminal legislations in Europe recognize a criminal offence of mercy killing; in different legislations, it is designated as mercy killing or euthanasia (killing out of mercy or compassion) or assisted-suicide at the request of the patient/injured party. Mercy killing is also envisaged in the Serbian criminal legislation as a special "privileged" form of murder, committed out of mercy or compassion voluntarily or at the explicit request of a person suffering a serious medical condition, which is punishable by a term of imprisonment ranging from 6 months to 5 years (Art. 117). In this article, the author discusses the concept, content and special characteristics of this "privileged" form of murder in Serbian law and in European criminal legislations, from the perspective of legal theory and practice.
