Open Access
Wounds of the soul and imprisoned bodies - Bologna University Press
Giurisprudenza
Diritto penale
Wounds of the soul and imprisoned bodies
di Stefano Canestrari
The book analyses the issue of medical assistance to die in the perspective of a liberal and solidarity law. The book takes as its starting point an Italian suicide aid case, in which the defendant had accompanied a man to die in a Swiss clinic. The man had been left quadriplegic and blind after a car accident. In the course of the trial, the man’s defence had appealed to the Italian Constitutional Court, claiming the constitutional illegitimacy of the incrimination of aiding suicide. The Court held that aiding suicide is lawful in certain specific cases, including when the person who commits suicide is dependent on a machine. The decision opened a wide debate throughout Europe on suicide and the incrimination of aid. The author addresses this issue, first by reconstructing Italian and German law, then by elaborating his own general theory on the lawfulness of aiding suicide in certain hypotheses. The theory, which takes a liberal and solidarity-based perspective, makes the body and its imprisonment the protagonist, as the only reliable criterion for establishing the authenticity of a suicide request.

Stefano Canestrari. Full Professor of Criminal Law and former Dean (2004-2010), Faculty of Law - University of Bologna. Member of the National Bioethics Committee. Former President of the Bioethics Committee of the University of Bologna. Former President of the Azienda Ospedaliero-Universitaria di Bologna Committee of Guarantors. Academician of the Sciences Academy of t…
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Disciplina
Giurisprudenza
Argomento
Diritto penale
Pagine
60
Lingua
Inglese
ISBN
9791254773581
doi
10.30682/9791254773581