Euthanasia (termination of life on request and assisted suicide) is still a criminal offence, but the Criminal Code has been amended to exempt doctors from criminal liability if they report their actions and show that they have satisfied the due care criteria formulated in the Act. The actions of doctors in such cases are assessed by review committees (appointed by the Minister of Justice and the Minister of Health, Welfare and Sport), which focus in particular on the medical and decision-making procedures followed by the doctor. Where a doctor has reported a case and a review committee has decided on the basis of his report that he has acted with due care, the Public Prosecution Service will not be informed and no further action will be taken. But where a review committee finds that a doctor has failed to satisfy the statutory due care criteria, the case will be notified to the Public Prosecution Service and the Health Inspectorate. These two bodies will then consider whether the doctor should be prosecuted.
The aim of exempting doctors from prosecution is to ensure that they no longer feel like criminals and can act openly and honestly in relation to requests for euthanasia, provided that their decision-making and medical procedures satisfy the statutory due care criteria. The requirement of prior consultation with a physician who is not otherwise involved in the case and the review procedures constitute important safeguards for patients voluntarily requesting euthanasia in circumstances where they face unbearable suffering with no prospect of improvement.