Mercy killing (euthanasia) from the perspective of Afghanistan criminal law

Document Type : Specialized scientific

Authors

1 Al-Mustafa international university alumnus of criminal law and criminology, Kabul, Afghanistan.

2 Dean of the Faculty of Jurisprudence and Law

10.22034/ls.2023.100293.1019

Abstract

Euthanasia is a Greek word composed of two parts "Eu" meaning (good and comfortable) and "thanasia" meaning (death) and derived from "Thanatos" (goddess of death). In general, to kill means to die easily and without death. But euthanasia in the 20th century, after it was included in medical issues, brought the science of law and ethics to the field to prevent the abuse of people in relation to the vulnerable section of society (patients). Euthanasia can be divided from two perspectives; From the perspective of the perpetrator and the victim. In addition to Western articles and books written about euthanasia, there are books and articles related to euthanasia, which are mostly in accordance with the penal laws of the Islamic Republic of Iran; But there is no book that examines this phenomenon based on the laws of Afghanistan, the content of this article is based on library research and analyzed the problem. Due to the intentionality of the criminal act and result in all types of euthanasia, it can be considered as one of the examples of intentional murder, because the Afghan penal code does not consider the reluctance of the victim and the consent of the victim in the murder to be obstacles to criminal responsibility, but if the motive for committing the crime is honorable and the victim is acquitted. Against, the perpetrator will be subject to the reduction of punishment that is mentioned under the abbreviated state of criminal responsibility.