A new exception of constitutional legitimacy has been raised for aiding suicide.
It concerns, explains the Coscioni association, article 580 of the penal code where it requires that the non-punishability of those who facilitate suicide is also subordinated to the condition of being "required from life support treatments", in contrast with articles 2, 3, 13, 32, 117 of the Constitution.
The investigating judge of Florence referred the matter to the Consulta in the context of the criminal proceedings against Marco Cappato, Felicetta Maltese and Chiara Lalli.
All three self-reported in December 2022 for having helped Massimiliano, a 44-year-old Tuscan patient with multiple sclerosis, to go to Switzerland where he died in an assisted suicide.
In Italy, Massimiliano himself had explained in an appeal released a few days before his death, he could not because "I do not depend on vital treatments", one of the four conditions established in the well-known ruling of the Constitutional Court 242/2019 on the case of DJ Fabo.
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