Under this law a physician who terminates a life on request or assists with a suicide has to comply with two conditions to be exempt from criminal liability, namely:

• he/she must practice the due care criteria, and
• report the cause of death to the municipal coroner.

It should be noted that the incorporation of provisions on exemption from punishment in Articles 293 and 294 of the Netherlands Criminal Code does not decriminalise other forms of termination of life or assistance with suicide.

Additionally, it clearly is not the case under the legislation that patients have a right to demand termination of life or assistance with suicide, nor that physicians must acquiesce to a request.

Due care requirements

The due care criteria which must be met in order to obtain exemption from criminal liability require that the attending physician:

• be satisfied that the patient has made a voluntary and well considered request
• be satisfied that the patient's suffering is unbearable, and that there is no prospect of improvement
• has informed the patient about his or her situation and prospects
• has come to the conclusion, together with the patient, that there is no reasonable alternative in the light of the patient's situation
• has consulted at least one other physician, who must have seen the patient and given a written opinion on the due care criteria referred to above, and
• has terminated the patient's life or provided assistance with suicide with due medical care and attention.

Regional review committees

The legislation provides for the establishment of regional review committees for the termination of life on request and assisted suicide.

Each regional review committee, of which there are five, is composed of an uneven number of members. It must consist of a legal expert, a doctor and an expert in the field of ethics or philosophy.

The committees assess whether a case of termination of life on request or assisted suicide complies with the due care criteria. The committee is required to notify the physician of its findings, giving reasons.

Where a committee is of the opinion that the physician did not act in accordance with the due care criteria, the case must be brought to the attention of the Public Prosecution Service which then has the power to launch a criminal investigation.

Regional committees have the capacity to personally discuss with the physician the assessment given and through annual reports contribute to public debate and awareness of termination of life on request and assisted suicide and the supervision exercised.

Minors

The legislation covers requests for the termination of life or assistance with suicide by minors. A physician may comply with a request by minors between the ages of 12 and 16 where they are deemed to be capable of making a reasonable appraisal of their own interests and the parent/s or guardians is/are unable to agree to the termination of life or assisted suicide.