CRIMINALIZATION DILEMMAS IN THE CASE OF A LEGAL GOOD IN THE FORM OF HUMAN LIFE
CRIMINALIZATION DILEMMAS IN THE CASE OF A LEGAL GOOD IN THE FORM OF HUMAN LIFE

Summary/Abstract: In this work, the author addresses the problem of the value of life in making criminalization decisions. There is a fairly common view that human life is the most important value. However, the statements of philosophers, lawyers, and ethicists indicate that many times for a person in a specific situation there are values more valuable than life itself, understood as biological existence. Therefore, the question arises whether and to what extent the dilemmas related to the assessment of the value of life against the background of other legal goods should be taken into account by the legislator. The author, based on the statements of specialists in the field of ethics, philosophy and theory of law, points out some of the most important theses relating to the criminalization of behavior against life. The starting point for creating new types of prohibited acts should be respect for the right to self-determination, which may be limited only in exceptional situations. And one of the recent conclusions is that acts of assisted suicide and euthanasia at the express, voluntary request of a fully informed person should not be punishable.

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