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Discontinuing Futile Therapy in the Light of Criminal Law Regulations and Th eir Ratio Legis, in Contrast to the Justification for Penalizing Euthanasia Cover

Discontinuing Futile Therapy in the Light of Criminal Law Regulations and Th eir Ratio Legis, in Contrast to the Justification for Penalizing Euthanasia

By: Olga Sitarz  
Open Access
|Jul 2025

Abstract

This article examines the issue of specifying the sematic ranges of the concepts of discontinuing futile therapy and euthanasia and determining their relationship, which translates into resolving the question of the legal (and moral) assessment of the behaviour in question and whether it is or can be identical in both cases. It is frequently said that futile therapy is prolonged dying and euthanasia is the shortening of life. The possibility of discontinuing a futile therapy, or even an order to do so, means that assessment of the legal nature of ceasing futile therapy takes on particular importance – an indication of the normative basis for a physician’s impunity, the prerequisites of that impunity and its ratio legis, and a comparison of the findings with the prerequisites and ratio legis of the crime of euthanasia. It seems that the arguments for the possibility of discontinuing futile therapy are arguments for the admissibility of (active and passive) euthanasia. This means that the postulate of the statutory regulation of the prerequisites for discontinuing futile therapy must be linked to the postulate of making these provisions consistent with criminal law regulations, inter alia, in the area of euthanasia.

DOI: https://doi.org/10.15290/bsp.2025.30.02.08 | Journal eISSN: 2719-9452 | Journal ISSN: 1689-7404
Language: English, Polish
Page range: 125 - 143
Submitted on: Sep 29, 2024
Accepted on: Apr 11, 2025
Published on: Jul 8, 2025
Published by: University of Białystok
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year

© 2025 Olga Sitarz, published by University of Białystok
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.