Will doctors who euthanize patients be prosecuted for criminal liability in Vietnam? How many years’ imprisonment is the doctor who incites the patient to end life earlier penalized?
Will doctors who euthanize patients be prosecuted for criminal liability in Vietnam?
Pursuant to the provisions of Article 19 of the 2013 Constitution of Vietnam as follows:
Everyone has the right to life. Human life is protected by law. No one may be deprived of life in contravention of law.
According to the above provisions, everyone has the right to life. Human life is protected by law. No one may be deprived of life in contravention of law.
Except where the crime is punishable by death as prescribed by law.
Pursuant to Article 36 of the 2009 Law on Medical Examination and Treatment in Vietnam stipulating as follows:
Obligations toward patients
1. To provide timely first aid, emergency aid and medical examination and treatment for patients, except the cases specified in Article 32 of this Law.
2. To respect rights of patients, to be considerate and polite to patients.
3. To give counseling and provide information under Clause 1 Article 7 and Clause 1 Article 11 of this Law.
4. To equally treat patients, not to let personal interests or discrimination affect their professional decisions.
5. To request patients to pay only expenses for medical examination and treatment posted up under law.
According to the above regulations, doctors are only obliged to examine and treat patients.
There is also no provision on euthanasia for patients.
Therefore, if a doctor euthanizes a patient, he or she may be prosecuted for the crime of murder as specified in Article 123 of the 2015 Criminal Code of Vietnam as follows:
Murder
1. A murderer in any of the cases below shall face a penalty of 12 - 20 years' imprisonment, life imprisonment or death:
a) Murder of 02 or more people;
b) Murder of a person aged under 16;
c) Murder of a woman with the full knowledge of her pregnancy;
d) Murder of a law enforcement officer in performance of his/her official duties or murder of a person because of his/her official duties;
dd) Murder of the murderer's grandparent, parent, caregiver or teacher;
e) Murder committed right before or after committing a very serious crime or extremely serious crime;
g) Murder for the commission or concealment of another crime;
g) Murder for taking the victim's body parts;
i) Brutal murder;
k) Murder by taking advantage of the murderer's profession;
l) Murder using a method capable of killing many people;
m) Contract killing;
n) Murder of a gangster-like nature;
o) Organized murder;
p) Dangerous recidivism;
q) Murder from despicable motives.
2. Murder in circumstances other than those specified in Clause 1 of this Article carries a penalty of 07 - 15 years' imprisonment.
3. Any person who makes preparation for the commission of this offence shall face a penalty of 01 - 05 years' imprisonment.
4. The offender might be forbidden from practicing his/her profession or doing certain jobs for 01 - 05 years, face mandatory supervision or prohibition from residence for 01 - 05 years.
Thus, doctors who euthanize patients may be prosecuted for criminal liability as above.
Will doctors who euthanize patients be prosecuted for criminal liability in Vietnam? How many years’ imprisonment is the doctor who incites the patient to end life earlier penalized?
How many years’ imprisonment is the doctor who incites the patient to end life earlier penalized?
Pursuant to the provisions of Article 131 of the 2015 Criminal Code of Vietnam as follows:
Inciting or aiding another to commit suicide
1. A person who commits any of the following acts shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
a) Inciting, counseling, persuading another to commit suicide;
b) Providing financial or spiritual support for another to commit suicide.
2. An offence that results in the suicide of 02 or more people carries a penalty of 02 - 07 years' imprisonment.
According to the above provisions, acts of inciting or helping others to end their own lives can be criminally prosecuted for the crime of Inciting or aiding another to commit suicide.
For the above acts, they shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.
What are the professional obligations of doctors?
Pursuant to the provisions of Article 37 of the 2009 Law on Medical Examination and Treatment in Vietnam stipulating as follows:
Professional obligations
1. To observe professional and technical regulations.
2. To take responsibility for their medical examination and treatment.
3. To regularly study and update medical knowledge to improve their professional capacity under the Health Minister's regulations.
4. To be devoted in medical examination and treatment.
5. To keep confidential the health status of patients, information provided by patients and case history dossiers, except the cases specified in Clause 2, Article 8 of this Law.
6. To report on practitioners deceiving patients or colleagues or violating this Law to competent persons.
7. Not to prescribe or instruct the use of medical examination and treatment services for patients or recommend them to move to other medical examination and treatment establishment for self-seeking interests.
Thus, doctors have the above professional obligations.
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