Causation in the crimes of incitement to commit suicide and assistance in committing suicide

Abstract

The aim of the study was to analyze the legislation of the Russian Federation, Russian legal doctrine and judicial practice to identify a causation between a criminally punishable act — incitement to commit suicide and the consequence — suicide. Based on the analysis, it was concluded that the composition of a criminal act is formed when a direct causal link is established between the actions of the perpetrator and the suicide of the victim and cannot be formed if the suicide was committed due to other influences, factors or circumstances, even if it had the element of influence of the suspect, but it, however, is not decisive, does not directly entail a consequence. A consistent and thorough identification of a causation requires a mandatory comprehensive study of mental processes in consciousness, as well as the circumstances of the victim’s life in their dynamics, which motivated or could motivate him to commit suicide. The impact of a complex of such motivating circumstances may indicate a causality other than outwardly looking wrongful influence. Identification of secondary factors becomes more important for qualification. Establishing a causal relationship involves relying on the conclusion of a forensic psychological and psychiatric examination, which is relevant evidence.

References

1. Kuldyrkaeva, E.V. (2020). On the issue of establishing a cause-and-effect relationship when driving to suicide. Symbol of Science, 12–2, pp. 31–33 (in Russ.).

2. Stanis, L.Ya. (1985). Essays on dialectical materialism. Moscow (in Russ.).

3. Perminov, V.Ya. (1979). The problem of causality in philosophy and natural sciences. Moscow (in Russ.).

4. Poznyshev, S.V. (1912). Basic principles of the science of criminal law. General part of criminal law. Moscow (in Russ.).

5. Rudin, A.V. (2016). Several theses on cause-and-effect relationships in criminalistics. Bulletin of the Tula State University. Economic and legal sciences, 3–2, pp. 400–405 (in Russ.).

6. Turdimatova, I.G. Factors in suicidal behavior. Austrian Journal of Humanities and Social Sciences, 9–10, pp. 173–176. (in Russ.).

7. Shnyreva, O.E. (2014). Understanding causality in modern cognitive reality and the history of philosophy and science. Bulletin of the Nizhny Novgorod University named after N. I. Lobachevsky. Ser. Social Sciences. 1 (33), pp. 168–172. (in Russ.).