Office of Public Prosecutions v. Chabot
Netherlands Supreme Court, Criminal Chamber
nr 96.972 (1994)

- Written by Solveig Singleton, JD
Facts
Mrs. B was unhappily married and had two sons. In 1986, Mrs. B’s son Patrick committed suicide. Mrs. B’s marital relationship became more violent. Mrs. B wanted to end her life and said she remained alive only to care for her other son, Rodney. Mrs. B received psychiatric treatment, but it was ineffective. In 1988, Mrs. B was divorced, and two years later, Rodney died from cancer. Mrs. B attempted suicide and failed. Mrs. B reported that a desire to die dominated her thoughts. Mrs. B met Dr. Boudewijn Chabot (defendant), who offered psychiatric services through a Netherlands association for voluntary euthanasia. Chabot discussed Mrs. B’s situation with Mrs. B and her family members on multiple occasions. Chabot consulted at least seven independent consultants about Mrs. B’s case. Chabot concluded that Mrs. B was experiencing intense, long-term suffering with no prospect for recovery. Additionally, Mrs. B refused psychiatric treatment. Several consultants noted that Mrs. B was likely to continue to attempt suicide on her own. Chabot participated in Mrs. B’s euthanasia or assisted suicide. When the Office of Public Prosecutions (prosecutor) (plaintiff) charged Chabot with unlawful killing, Chabot raised a defense of necessity. The court of appeals accepted this defense. The solicitor general of the court of appeals brought an appeal to the Netherlands Supreme Court.
Rule of Law
Issue
Holding and Reasoning ()
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