Posted: Wednesday June 30 2021 3:55 PM
The approval of the law on euthanasia led to the legal recognition of the right to end life in situations of serious, chronic and disabling illness or serious and incurable illness, legally protecting a right that had no legal coverage previously.
This is how the provincial prosecutor’s office of Madrid understands that in a letter sent to the court, he withdrew the accusation he had brought against Ángel Hernández in October 2020 for a crime of cooperation with suicide. In its report, the Public Prosecutor’s Office applies retroactively the modification of the Penal Code introduced by Organic Law 3/2021, of March 24, regulating euthanasia, since Mr. Hernández is in the case legally authorized.
The report distinguishes between requirements and procedure, concluding that “the uselessness of acts of cooperation in suicide cannot depend on the efficient administrative procedure followed to obtain the recognition of the right”, but “on the effective cooperation of the budgets. Of the materials which allow to affirm its birth and its property ”.
Thus, they recall that the decisive element will be “to assess whether, in cases of fact prior to the entry into force of the new legal text, the enabling conditions for, if it had been in force, have activated the procedure of assistance in the provision of assistance in dying “.
The brief reasons that, precisely in this specific case, the conditions are met to understand that the conduct of Hernández should not be the subject of criminal accusations.