Criminal Code of the Russian Federation in the latest edition:
Article 110 of the Criminal Code of the Russian Federation. Drive to suicide
1. Driving a person to suicide or attempted suicide by means of threats, cruel treatment or systematic humiliation of the victim’s human dignity -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to seven years or without it, or by imprisonment for a term of two to six years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to seven years or without it.
2. The same act committed:
a) in relation to a minor or a person who is known to the perpetrator to be in a helpless state or in financial or other dependence on the perpetrator;
b) in relation to a woman who is known to the perpetrator to be pregnant;
c) in relation to two or more persons;
d) by a group of persons by prior conspiracy or an organized group;
e) in a public speech, a publicly displayed work, the media or information and telecommunication networks (including the Internet), -
shall be punishable by imprisonment for a term of eight to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years or without it and with restriction of freedom for a term of up to two years or without it.
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Comments on Article 110 of the Criminal Code of the Russian Federation
Object of crime . The immediate object of murder is human life.
A victim of a crime is any person, regardless of his age, state of health and relationship with the perpetrator.
The objective side of the crime provided for in Article 110 of the Criminal Code of the Russian Federation assumes that the perpetrator carries out actions provided for by law that force the victim to commit suicide or actions directly aimed at suicide.
The crime is considered completed from the moment of suicide or attempted suicide.
The subjective side of the crime under Art. 110 of the Criminal Code of the Russian Federation. This crime can be committed both intentionally and through negligence: both with direct intent and with indirect intent, both through frivolity and as a result of negligence.
In a number of crimes, a careless form of guilt can lead to consequences in the form of suicide. For example, in Art. Art. 131 and 132 of the Criminal Code of the Russian Federation provide for a careless form of guilt in relation to such a consequence of rape or sexual assault as suicide of the victim.
The subject of the crime is a physically sane person who has reached the age of 16.
What is suicide?
Suicide is the conscious (intentional) deprivation of life by the victim. Unlike murder, the cause of death in this case is the actions of the victim himself. It is important that these actions are specifically aimed at taking one's own life. Because of this, situations where the death of the victim is the result of his own careless actions (for example, when the victim, escaping from cruel treatment, falls off a ledge or window) cannot be qualified as incitement to suicide, even if there are corresponding actions of the perpetrator.
Attempted suicide is a failed, real attempt to take one’s own life when the victim has completed all actions aimed at causing oneself death, but it did not occur due to circumstances beyond his control.
If the actions of the perpetrator only led to the preparation of the victim for suicide or if the victim only staged an attempted suicide, Art. 110 of the Criminal Code of the Russian Federation cannot be imputed; the perpetrator in this case is subject to liability if his actions contain another corpus delicti (for example, beatings).
Incitement to suicide presupposes the existence of a direct causal connection between the fact of suicide or attempted suicide and the criminal actions of the accused.
Statement in a moment of humiliation
A statement for humiliation must be drawn up directly upon the commission of an unlawful act involving desecration of a person, that is, no later than ten days after the commission of the crime. To correctly draw up a document, you must use a sample provided by the police. At the time of submitting the paper, you must provide a passport and information about the person of the criminal.
The local police officer must accept the application, which will be drawn up on a standard form or in a free form. The most important steps in the document drafting process should be to detail the criminal events and the adverse consequences that resulted from the desecration. The accepted application will be put into production to establish all the real circumstances of the crime.
At the time of submitting the document to law enforcement agencies, the injured party must provide maximum true evidence, which recognizes the explanations of eyewitnesses and witnesses, audio and video recordings of evidence, and physical material evidence. If legal proceedings were organized regarding the circumstances of the desecration, the victims may demand compensation for moral damage.
Actions to induce suicide
Actions that constitute the objective side of incitement to suicide are defined in Article 110 of the Criminal Code of the Russian Federation, and their list is exhaustive:
- a) threats;
- b) cruel treatment;
- c) systematic humiliation of human dignity.
Threats . The law does not determine the nature of the threats, their form, or their content. The only noteworthy thing is that the word “threats” is used in the plural. Therefore, the main characteristic of threats is their ability to drive the victim to suicide. The nature of the threat can be anything: the threat of physical violence, destruction or damage to property, dissemination of information that the victim would like to keep secret.
Cruel treatment . This is treatment of the victim in which physical or mental suffering is deliberately caused to him. Cruel treatment can be expressed both in the commission of actions that form an independent crime, and in other actions that cause suffering to the victim. Cruel treatment of the victim is expressed in beatings, torture, harm to health, deprivation of heat, food, etc.
Systematic humiliation of human dignity is a manifestation of humiliating treatment of the victim committed three times or more, connected by a single intent and reflecting a single line of behavior of the subject. It can be expressed in insults, dissemination of slanderous information, bullying, unfair criticism, etc. The communication or dissemination in a decent form of truthful information that belittles the dignity of the victim cannot be considered a humiliation of human dignity.
Responsibility and punishment for humiliation of honor
The issues of punishing criminals for insulting a person are regulated by the relevant article of the Criminal Code of the Russian Federation and the Code of Administrative Offenses. If the act is committed by a commander towards military personnel or by managers in the workplace towards subordinates, in such cases stricter administrative punishment is provided. Humiliation of the honor and dignity of another person, which is expressed in an obscene form, entails the following types of punishments:
- If the criminal is a private person, then he is obliged to pay a fine in the amount of one to three thousand rubles;
- Officials pay a fine ranging from ten to thirty thousand rubles;
- Legal entities must pay an administrative fine in the amount of fifty to one hundred thousand rubles.
Desecration, which was expressed at the time of a public speech and at the public level showed an unworthy attitude towards an individual, entails a certain administrative penalty. The amount of the fine may vary depending on the legal status of the criminal: private citizens pay from three to five thousand rubles, persons in office must pay a fine in the amount of thirty to fifty thousand rubles, legal entities are required to pay from one hundred to five hundred thousand rubles.
Inaction and failure to take specific measures to prevent humiliation in public speeches and the media may also be punishable by administrative fines. In this case, officials must pay from ten to thirty thousand rubles, and legal entities are required to pay a fine in the amount of thirty to fifty thousand rubles.
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Correlation of incitement to suicide with other crimes
Since actions related to threats, cruel treatment, and systematic humiliation of human dignity very often form signs of independent crimes, the problem of correlating these elements with the elements of the crime provided for in Article 110 of the Criminal Code of the Russian Federation arises.
In such cases, the act must be classified depending on the severity of the act, which led to the suicide of the victim.
If the actions that led to the suicide of the victim are more socially dangerous than the crime provided for in Article 110 of the Criminal Code of the Russian Federation, then in this case they require independent qualification.
For example, torture that led to the suicide of the victim will require qualification under the totality of Art. 117 and 110 of the Criminal Code of the Russian Federation. However, if they are less socially dangerous, then everything done may be covered by the crime under Art. 110 of the Criminal Code of the Russian Federation.
Suicide of the victim as an aggravating circumstance
In some crimes, the suicide of the victim acts as an aggravating circumstance of another crime committed by the perpetrator.
For example, rape resulting in the suicide of the victim. It refers to the grave consequences provided for in paragraph “b” of Part 3 of Art. 131 of the Criminal Code of the Russian Federation. In these cases, charging the perpetrator with a crime under Article 110 of the Criminal Code of the Russian Federation is not required. Everything is covered by qualified rape. Similarly, for example, abuse of power that resulted in the suicide of the victim is qualified only under paragraph “c” of Part 3 of Art. 286 of the Criminal Code of the Russian Federation.
Clause “a”, Part 2, Art. 110 of the Criminal Code of the Russian Federation
Clause “a”, Part 2, Art. 110 of the Criminal Code of the Russian Federation provides for liability for inciting suicide of a minor or a person who is known to the perpetrator to be in a helpless state or in financial or other dependence on the perpetrator.
A minor is a person under 18 years of age. A victim who, due to a physical or mental condition, cannot defend himself or resist the perpetrator is recognized as obviously helpless. For example, due to young or old age.
A person who is financially or otherwise dependent on the guilty person should be recognized as someone who is unable to independently, without the participation of the guilty person, resolve certain vital issues.
Reasons for suicide, punishable impact on a person
As a rule, suicide is committed by persons susceptible to various depressive conditions, who have mental disorders, for example, split personality.
Often, teenagers end their lives by suicide, and such acts occur precisely because of their unstable mental state, the inability to find another way out of a difficult situation. Among adults, those who most often decide to commit suicide are those who are in a life crisis, lack self-confidence, and are prone to depression. As statistics show, quite often suicide is committed by people who are intoxicated, especially in cases where the consciousness has already been deformed and the person does not see a clear line between reality and fiction.
Clause “b”, part 2, art. 110 of the Criminal Code of the Russian Federation
Clause “b”, part 2, art. 110 of the Criminal Code of the Russian Federation provides for liability for inciting suicide of a woman who is known to be pregnant by the perpetrator.
It seems that the duration of the victim’s pregnancy to qualify the offense under Art. 110 of the Criminal Code of the Russian Federation does not matter. However, the perpetrator must be aware that he is driving a pregnant woman to suicide. The source of information about the victim’s pregnancy can be any. For example, the victim’s message, her appearance, etc.
Clause “c” of Part 2 of Art. 110 of the Criminal Code of the Russian Federation
Clause “c” of Part 2 of Art. 110 of the Criminal Code of the Russian Federation provides for liability for incitement to suicide of two or more persons.
Qualify the crime under paragraph “c” of Part 2 of Art. 110 of the Criminal Code of the Russian Federation is possible only in the case where incitement to suicide of two or more persons was committed within the framework of one crime, covered by the unity of intent and motive for the actions of the guilty person. Otherwise, incitement to suicide of two or more persons must be qualified according to the totality of the crimes provided for in Art. 110 of the Criminal Code of the Russian Federation.
Required evidence
A person guilty of committing a crime can be convicted even if the plan was not completed, that is, the victim survived. The main thing is to provide strong evidence of such a fact. Among the facts proving the crime are the following:
- witness's testimonies;
- correspondence with the guilty party;
- a note left before suicide;
- other facts.
Proving attempted suicide is extremely difficult. In addition, sometimes it loses its meaning because the punishment for such a crime is too lenient.
Clause “d”, Part 2, Art. 110 of the Criminal Code of the Russian Federation
Clause “d”, Part 2, Art. 110 of the Criminal Code of the Russian Federation provides for liability for incitement to suicide committed by a group of persons by prior conspiracy or by an organized group (see Art. 35 of the Criminal Code of the Russian Federation).
Inducement to suicide by a group of persons by prior conspiracy presupposes that the persons charged with this crime are co-perpetrators. In other words, the participants of this group must, by their actions, fully or partially fulfill the objective side of the crime provided for in Article 110 of the Criminal Code of the Russian Federation. This means that they must all commit acts in the form of threats, ill-treatment or systematic violation of the human dignity of the victim.
Incitement to suicide by an organized group provides that all members of the organized group, regardless of the nature of the role in incitement to suicide, are recognized as co-perpetrators of this crime.
Methods of committing a crime
Incitement to suicide can be done intentionally or unknowingly.
This can be a one-time strong impact on the victim or systematic small actions:
- Humiliation of honor and dignity.
- Cruel treatment.
- Threats, blackmail.
The last method is important not in itself, but how the victim himself perceived them, how much he believed in them and perceived them as a danger for himself.
For various reasons (mental state, age, pregnancy - for women, social status), one may not take them seriously, while the other may sacredly believe in them and feel driven into a corner.
Humiliation of dignity is often the cause of suicide among young people for whom the opinions of other people are very important.
Situations such as ridicule from peers, pressure from teachers, and parents often occur. A person becomes vulnerable and thinks that no one needs him, that without him everyone around him will feel better.
Pressure from others is difficult for adults to bear, not to mention teenagers, whose psychological state is often unstable.
Abuse means unfounded criticism, slander, harassment, mockery, insult, as well as physical action in the form of deprivation of food, expulsion from home, forced labor.
We are not talking about assault here : we are talking about inflicting psychological and physical suffering without beatings. If there was physical pressure (beating, sexual violence), then a number of others are added to Article 110.
Clause “e”, part 2, art. 110 of the Criminal Code of the Russian Federation
Clause “e”, part 2, art. 110 of the Criminal Code of the Russian Federation provides for liability for incitement to suicide in a public speech, publicly displayed work, the media or information and telecommunication networks (including the Internet).
Committing a crime publicly presupposes that it is committed in the presence of at least one third party.
It seems that the public form of incitement to suicide significantly increases the public danger of the crime. Man is a social being. Public assessment takes on special significance in the eyes of the victim. Therefore, in the event of public threats, cruel treatment or humiliation of human dignity, the victim reacts very painfully, often by committing suicide.
