L’attuale formante giurisprudenziale e l'ipotetico assetto legislativo in tema di fine vita

This essay provides an analysis of the main arguments used by the Italian Constitutional Court (decision No. 242/2019) to narrow the scope of criminal liability for medical assistance to suicide. However, recently the critical issues of this ruling have been underlined following the jurisprudential application of the requirements identified by the Court to access to the physician- assisted suicide. In parallel, the Author reviews the legislative regulation proposed in this matter to the parliamentary debate. Finally, the recent proposal for a referendum on Article 579 of the Italian criminal code is subjected to a critical examination. The possible partial repeal of this crime would be reflected in a general non-punishability of the consensual homicide: not only in the circumstances indicated by the Constitutional Court, but in all cases in which a person can express his will. Furthermore, the possible positive outcome of the referendum would produce disruptive effects, well above the criminal issues, assuming that an interpersonal relationship might be aimed at causing the death.