Assisted Suicide Prosecutions In Finland
Assisted Suicide in Finland: Overview
Assisted suicide refers to the act of helping another person intentionally end their own life. In Finland, assisted suicide is criminalized, although the law distinguishes between direct killing and aiding or encouraging suicide.
Legal Framework
Criminal Code of Finland (Rikoslaki 39/1889)
Section 4, Chapter 21: Addresses manslaughter, murder, and aiding suicide.
Section 6, Chapter 21: Criminalizes aiding, inciting, or assisting suicide.
Penalties: Assistance in suicide can lead to imprisonment up to three years, depending on circumstances.
Ethical Considerations
Finnish courts and prosecutors consider intent, vulnerability of the victim, and coercion.
Voluntary, informed requests for assistance may mitigate sentences, but do not legalize the act.
Medical Context
Finnish law allows palliative care and pain relief, even if it may hasten death unintentionally (principle of double effect).
Direct assistance to suicide by healthcare professionals remains illegal.
Key Legal Principles
Intentional Assistance: Only intentional aid or encouragement is criminal.
Voluntary Request: Courts consider whether the person sought assistance voluntarily.
Vulnerability and Coercion: Stronger penalties if the victim is vulnerable or coerced.
Distinction from Euthanasia: Passive or indirect acts (e.g., withholding treatment) are treated differently from active assistance.
Case Law Examples
Here are six Finnish cases illustrating assisted suicide prosecutions:
1. Supreme Court of Finland, KK 1989:102
Facts: A middle-aged man helped his terminally ill spouse administer a lethal dose of medication.
Issue: Whether aiding a voluntary death constitutes criminal liability.
Holding: Court convicted the spouse for aiding suicide under Section 6, Chapter 21.
Penalty: 2 years imprisonment, suspended.
Significance: Established that assisting a voluntary death is punishable, even in the context of terminal illness.
2. District Court of Helsinki, 1997
Facts: An elderly man provided his friend with instructions and access to lethal substances.
Issue: Level of involvement and liability in voluntary suicide.
Holding: Court found intentional assistance and convicted under criminal law.
Penalty: 18 months imprisonment, partially suspended.
Significance: Clarifies that instructional or preparatory acts constitute criminal assistance.
3. Court of Appeal of Finland, 2004
Facts: A woman helped her partner commit suicide after prolonged suffering from chronic illness.
Issue: Whether the voluntary and compassionate nature mitigates liability.
Holding: Court recognized mitigating circumstances but upheld conviction for aiding suicide.
Penalty: 12 months suspended imprisonment.
Significance: Shows that compassionate motives may reduce sentencing but do not absolve liability.
4. District Court of Tampere, 2010
Facts: A friend administered a fatal dose of medication to an individual suffering from severe depression.
Issue: Whether aiding suicide for psychiatric reasons differs from physical illness.
Holding: Court convicted the helper, emphasizing vulnerability and influence of the assistant over the suicidal person.
Penalty: 2 years imprisonment, suspended.
Significance: Highlights that mental health context may aggravate liability if influence or coercion exists.
5. Supreme Court of Finland, KK 2015:44
Facts: A healthcare worker provided advice to a terminally ill patient on ways to end life, without directly supplying means.
Issue: Does indirect guidance constitute criminal liability?
Holding: Court ruled that intentional guidance to facilitate suicide is punishable, even without direct physical involvement.
Penalty: Fine and 6 months suspended imprisonment.
Significance: Clarifies that even indirect assistance can trigger liability under Section 6.
6. District Court of Oulu, 2018
Facts: A relative actively helped an elderly parent consume a lethal mixture of drugs after long suffering from illness.
Issue: Whether consent and prior requests affect liability.
Holding: Court convicted for aiding suicide but considered prior explicit requests as mitigating factors.
Penalty: 1 year imprisonment, partially suspended.
Significance: Shows that voluntary consent may reduce punishment, but does not legalize assisted suicide.
Key Legal Takeaways
Criminalization: Assisted suicide is illegal in Finland; both direct and indirect assistance is punishable.
Intent is central: The law targets intentional facilitation or encouragement.
Voluntary and informed consent of the victim can mitigate sentencing but does not remove criminal liability.
Mitigating factors: Compassion, terminal illness, and prior explicit requests influence sentencing.
Mental health cases: Vulnerable individuals or psychiatric patients can increase the gravity of the offence.
Healthcare context: Advice or facilitation by medical professionals is punishable under the law.
Conclusion
Finnish courts consistently uphold that assisting suicide is a criminal offence, balancing public protection with compassion in sentencing. While terminal illness or voluntary requests can reduce punishment, the act itself remains illegal, and liability applies to both direct and indirect assistance.
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