Article 110 of the Criminal Code: the nature of the crime, the punishment, the type of disposition, judicial practice, commentary to Article 110 of the Criminal Code of the Russian Federation

In Orthodox Christianity, suicide is recognized as one of the most serious sins. Religion explains this by the fact that a person at the same time commits murder and falls into despair. In these sins he will not be able to repent. People who committed suicide are deprived of funeral service before burial. Only crazy people who have committed suicide in a state of turbidity of the mind, are the exception. Previously, suicides were buried outside the cemetery. In the Soviet years, it was widely believed that suicide acts as a clear sign of mental insanity. This means that each suicidal person was posthumously given the title of abnormal. Those who managed to be saved were put on a lifelong account with a psychiatrist. Suicide today can evoke sympathy, compassion, pity, and in some cases even condescension.

Criminal law

Today, the qualification of the act, which provides for article 110 of the Criminal Code of the Russian Federation, involves a number of problems. This is due to the relatively young age of suicides. Many of them barely turn 30 years old. Undoubtedly, a person can decide for himself whether to live it or die. However, it should be remembered that a criminal can bring a person to suicide. Despite the fact that such an act falls under the category of public prosecution, its identification without the statement of the victim (in the case of an attempt) or the relatives of the deceased is very problematic, and in some cases it is impossible.

Article 110 of the Criminal Code: punishment

Bringing a citizen to suicide or attempting suicide by systematic (constant) humiliation of the dignity of the victim or threats and cruel treatment with him suggests:

1. Up to three years of restraint of freedom.
2. Forced labor.
3. Imprisonment.

The duration of the last two sentences is up to five years.

The objective part

It is formed from the commission of the perpetrator of very specific actions by which he pushes the victim to commit suicide. According to the Criminal Code of the RF, they were treated exclusively with a systematic humiliation of human dignity and cruel treatment. Article 110 of the Criminal Code of the Russian Federation is somewhat more extensive. The type of disposition is supplemented by threats. Systematic humiliation is expressed in constant harassment, insults, slander, cynical ridicule of any physical deficiencies of the victim and so on.

Article 110 of the Criminal Code of the Russian Federation with comments

Normally, there is no explanation for the actions of the guilty person. For example, what should be understood as threats? They differ in content. The commentary to Article 110 of the Criminal Code of the Russian Federation indicates that the qualification under the norm in question does not depend on what exactly the person guilty of is threatening. For example, he can talk about causing death or damage to health, disclosure of information that the victim wanted to keep secret, divorce, dismissal from work, removal of a minor, deprivation of livelihood, eviction, destruction of property and so on. In case of suicide, under the effect of such threats, Article 110 of the Criminal Code of the Russian Federation will be used. Judicial practice in this case takes into account not only their content, but also duration, frequency. In some cases even insignificant threats can bring the victim to suicide if they take the form of baiting. Along with this, not all words expressed once, even having a dangerous content, can be considered as a method that encourages suicide. That is why Article 110 of the Criminal Code uses the plural of the word threat. For bringing to responsibility it will not matter how words are formulated - in writing, orally, anonymously, openly.

Cruel treatment

This is another significant feature, which is called article 110 of the Criminal Code of the Russian Federation. The composition of a crime can form actions, which in themselves act as a criminal offense. For example, it may be torture, intentional harm to health and so on. Illegal placement in a psychiatric hospital, unlawful deprivation of liberty, deprivation of work, food, housing, coercion to a sexual act, infringement of other rights of the victim also constitute ill-treatment. Article 110 of the Criminal Code does not require the systematic nature of such acts. Nevertheless, it is important to determine that they really were aimed at bringing the victim to suicide.

Required elements

As them, in fact, is directly suicide or attempt on it. From this moment it is considered that the crime is over. The statement about the intention to commit suicide, preparing for it, writing a suicide note will not yet form the composition established in the article in question. For the application of the rule, a causal link should be established between the behavior of the perpetrator and the consequences in the form of the death of the victim or attempt on her. At the same time, Article 110 of the Criminal Code of the Russian Federation clearly defines that for the initiation of criminal proceedings it is necessary that suicide or an assault occur under the influence of cruel treatment, systematic humiliation or threats. If suicide has acted as a reaction to lawful actions (for example, in case of threat of exposure, prosecution), then the norm in question does not work.

The subjective part

Suicide can be committed in any form of intent. If it was direct, it means that the guilty subject foresaw the likelihood of suicide and wanted the victim to commit suicide. In the case of indirect intent, the offender deliberately admit the same result. Criminal liability under the article in question comes from 16 years. As a subject, a citizen can act from which the victim depends on a material, official or other plan, or another person.

Differentiation with Art. 105

Some lawyers believe that in the case of direct intent, bringing to suicide should be considered a murder. This opinion is erroneous. The authors of this position do not take into account the fact that the objective parts of Articles 105 and 110 of the Criminal Code are different. In the case of committing suicide, unlike murder, the guilty do not commit acts that directly cause death. The victim himself makes a decision to end his life and carries it out himself. At the same time he is guided by his own will and consciousness. Probably an inadvertent bringing to suicide. However, according to Art. 24, Part 2 of the Code in this case, liability is excluded.

An Important Moment

Above it was said about the delimitation of art. 110 from Art. 105. It was pointed out at the same time that the actions of the victim committing suicide were realized. If the declination to suicide is directed to a minor or an insane person, then such an act is qualified in parts 1 or 2 of Art. 105. The same article applies to the physical coercion of a person to commit suicide, when the victim is deprived of the opportunity to exercise his own will.

Set of acts

It takes place in the case if an official brought a person to suicide. In addition to art. 110, Part 3 (clause "c") of Art. 286, which establishes responsibility for exceeding its powers with grave consequences. The aggregate also takes place if bringing to suicide or attempted suicide was committed using actions that form an independent criminal act (torture, extortion, etc.).

Conclusion

Far not always it is possible to reveal the reasons of fulfillment to victims of suicide. In this regard, the statistics on criminal cases for this composition is very scarce. In many cases, the victim has no relatives or close friends who could have any significant information. As a result, many criminals avoid responsibility. This situation creates significant problems for law enforcement agencies. Complexity, in particular, consists in proving the fact that the victim was brought to suicide, and not consciously and voluntarily passed away.