Eutanasia activa directa y consentimiento del sujeto pasivo como eximente de responsabilidad penal en eventos de enfermedades incurables no terminales. Una aproximación interdisciplinar desde el test de proporcionalidad en sentido estricto

Abstract

This article is a research product about the legal implications of the direct-active euthanasia practiced by a doctor to a patient who has an incurable but non terminal disease which implies great suffering considering such by the current Colombian legal system, taking into account the victim’s consent as a cause of exempt criminal responsibility. Consequently, working from an interdisciplinary approach of criminal law as a science integrated to other legal and non-legal areas of knowledge, in order to develop a comprehensive analysis that contributes to academic discussions about the absence of criminal responsibility, constitutional study and medical activity practice. This product of research will show reflections and conclusions obtained from the analysis of the existent legal regulation about the availability of the protected legal right of life when practicing euthanasia (as described above). Additionally, we will see how the latter conduct constitutes a case of exempt criminal responsibility under the specified condition of “victim’s consent”, meaning that life is a disposable legal right when it competes, in the described factual circumstance, with the human dignity, applying the test of proportionality in strict sense.