The deputies approve an offense of obstacle before the end of the discussion of the text – Liberation
Preventing help from dying will be punished. In conclusion of the discussion of the text, the deputies approved this Saturday, May 24, the creation of an obstacle to access to access to Help to dieagainst the « Preventing or trying to prevent » of « practice or learn ” On this subject, while strengthening the penalty incurred.
This offense will be made up of the disruption of « access « to the places where help to die, « By exercising moral or psychological pressures »,, « By formulating threats or by engaging in any act of intimidation » vis-à-vis patients or health professionals.
It is similar to the offense of obstacle to Voluntary pregnancy interruptionswhich also provided for a penalty of the sites stuck with false information on abortion. The deputies also increased the sentence planned, bringing it to two years in prison and 30,000 euros fine, to calculate it on that concerning abortion.
The article, adopted by 84 against 49, provoked lively debates. « How far will this offense of obstacle in interpretation go? »worried the deputy Thibault Bazin (LR). « »How to understand in the future the prevention of suicide, or even the non-assistance to a person in danger ? «
Other parliamentarians have mentioned the case of relatives who would try to dissuade a parent. « This offense of obstacle, as written, can create arbitrariness »abounded Patrick Hetzel (LR).
For her part, the Minister of Health, Catherine Vautrin, set out to reassure the deputies. « What we are led to say (…) in a friendly, family circle, is obviously a personal approach which is not constitutive of an offense of hindrance », She hammered, repeatedly invoking a decision of the Constitutional Council.
« »Proposing palliative care, alternatives or other perspectives, to share a doubt, to open a dialogue or even to delay a decision deemed premature (…) cannot be regarded as a pressure « , she added.
In vain, some deputies tried to introduce a « Crew of incentive » Help to die, for them « rebalanceThe text.
« I think we should neither prevent nor encourage », Judged Cyrille Isaac-Sibille (MoDem). « We cannot create an offense of incentive to a right, this is not possible »replied Elise Leboucher (LFI), rapporteur of this part of the text. « The repressive arsenal already makes it possible to completely cover the risk of pressures and maneuver »added Minister Vautrin, citing in particular the abuse of weakness.
The deputies completed this Saturday examination at first reading of the bill. They will solemn Tuesday, after having voted on a text devoted to palliative care. The National Assembly had started examining these two bills on May 12.
The deputies approved in the course of generally serene debates the creation of a « Right to help die » which will be open to people affected « A serious and incurable condition » Who « Surges the vital prognosis, in advanced phase » Or « terminal« , And presenting »constant physical or psychological suffering ”.