Patient autonomy and criminal law: a Dutch perspective

The Dutch Criminal Code contains explicit provisions under which ‘treatment without the patient’s consent’ as such is made punishable. Performing medical interventions without the patient’s consent falls under the scope of several general and special criminal provisions, although there are some exceptions. In this chapter, we focus on these criminal provisions and consider whether the patient’s autonomy is sufficiently protected in Dutch criminal law. Special attention is given to criminal offences concerning the beginning and end of life: abortion, euthanasia and assisted suicide. Criminal law plays a major part in maintaining a close watch on the issue of the patient’s autonomy. More important than the deterrent of criminal law is probably the widely shared view among healthcare professionals that acting without the patient’s consent is not permitted and that a treatment prohibition has to be complied with.