Questioni di fine vita e diritto penale: tra liberalismo moderato e approccio costituzionale

Abstract

The issues raised by the topic of end-of-life decisions are all characterized by a common problem: the assessment of the scope of the principle of self-determination, on which the solution to many legal problems, including those arising in the criminal law sphere, seems to depend. These problems include the refusal of treatment or requests for the withdrawal of life-sustaining treatment, euthanasia, and assisted suicide, which are often addressed in practice as cases of conflict between legal rights and duties. The monograph offers a reflection that, starting from the moral philosophy underlying the criminal law debate on the subject, analyzes the main stages in the evolution of case law on “end-of-life” issues, as represented by the judgments in the Welby and Englaro cases, the constitutional rulings on the Antoniani case, and Constitutional Court ruling no. 135/2024.