Every person has the right to normal life activities, and no one can interfere with this. This right is established in the Constitution of the Russian Federation, which identifies the life and health of its citizens as the main value of the state.
But, unfortunately, for one reason or another, people quite often voluntarily take their own lives, unable to withstand the problems that have piled up; there are often cases when other people deliberately do everything possible to bring the life of another person to an end.
To stop such actions and punish the perpetrators, there is an article of the Criminal Code of the Russian Federation for incitement to suicide. This unlawful act is accompanied by actions that have a strong psychological impact on the victim. As a result, a person tries to commit suicide, and, unfortunately, such attempts often end successfully.
Download for viewing and printing:
Article 110. Incitement to suicide of the Criminal Code of the Russian Federation
Corpus delicti
Object and subject of the crime
According to the provisions of the Criminal Code, only a citizen who has reached the age of 16 at the time of committing a crime can be held accountable.
In addition, the subjects of the unlawful act may be a person on whom the injured citizen was financially, professionally or otherwise dependent. In cases where incitement to suicide was committed by a person in the performance of official duties, he is held accountable under Article 286 of the Criminal Code - abuse of power, which entailed grave consequences.
Download for viewing and printing:
Article 286 of the Criminal Code of the Russian Federation “Excess of official powers”
Important: The object of such an illegal act is human health and life.
Objective side
The objective side of this illegal act is that the offender commits actions that push the victim to commit suicide.
Previously, in the legislation such actions only included cruel treatment of a person and systematic humiliation of his dignity. However, with the latest innovations, the person who threatened the victim can be held accountable. At the same time, for the qualification of this criminal act, it does not matter what exactly the perpetrator threatened. But at the same time, in order to recognize that incitement to suicide was committed through threats, special attention is paid to the repeatability of this phenomenon, its content and duration. As practice shows, quite often the reason for taking one’s own life can be even a single threat, if it has the nature of bullying.
But not every such threat can be considered as a circumstance that became a reason for suicide.
A mandatory sign of the objective side of an unlawful act is suicide or an attempt to commit it. Only from this moment can the crime be considered completed.
Corpus delicti
Within the framework of Article 110 of the Criminal Code of the Russian Federation, the following elements of crime can be distinguished:
- Threats.
- Cruel treatment.
- Systematic humiliation of dignity.
At the same time, the same article contains a list of cases when the guilty person can be brought to more severe penalties for committing a similar criminal act under aggravating circumstances:
- Committing actions aimed at inducing suicide in relation to a minor or helpless person.
- Carrying out similar measures in relation to a woman who is pregnant.
- Criminal acts against 2 or more persons.
- Acts committed by a group of persons acting by prior conspiracy.
- Committing a crime during a public speech or through the media, ITS, incl. Internet.
Criminal liability for incitement to suicide
Situations arise when a person who is on the verge of suicide contacts law enforcement agencies and charges another person with incitement to suicide. The police will conduct an investigation. If for some reason a third party becomes aware of the crime, he can write a statement about incitement to suicide. Provided that the person who has become a criminal takes his own life, the citizen who contacts the police will not be charged under Article 110.
A logical question arises: how to prove incitement to suicide? For these purposes, a number of examinations are carried out, witnesses and acquaintances are interviewed, and personal belongings are examined.
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.
Lawyer on incitement to suicide in Yekaterinburg
During the process itself, it is studied what kind of behavior the subject had that is charged under this article, whether he created conditions such that the victim could not withstand the onslaught, or such conditions that he or she could not seek help. Why? All this is sorted out in criminal proceedings. There have been cases when the victim left a suicide note after committing suicide and indicated the name of the perpetrator in it. This does not provide a legal reason to attract this particular person. The investigation will check all the arguments specified in the note before detaining and filing charges.
The crime is considered completed from the moment the suicide is attempted or the suicide is completed, resulting in death.
You won’t just meet a person who was prosecuted for this article, but nothing can guarantee you protection from the criminal law, and especially from this article. Sometimes saying the wrong thing or doing the wrong thing leads to problems. I woke up this morning and you had problems. A person committed suicide and blamed you in his note, or told a friend or family member before committing suicide.
Our law office has experience in criminal cases of these types. They will help you and provide you with decent, professional defense in a criminal case. After all, at this moment your fate will be decided, and you can put it in the hands of a lawyer you trust.
Lawyer's defense
- Lawyer for the suspect
- Lawyer for the accused
- Lawyer for the victim
- Lawyer for witness
- Lawyer for the defendant
- Lawyer for a convicted person
- A lawyer at the stage of verification in accordance with Art. Art. 144-145 Code of Criminal Procedure of the Russian Federation
- Defense in cases of crimes against life and health
- Lawyer under Art. 105 of the Criminal Code of the Russian Federation Murder
- Lawyer under Art. 108 of the Criminal Code of the Russian Federation Murder in excess of necessary defense
- Lawyer under Art. 109 of the Criminal Code of the Russian Federation Causing death by negligence
- Lawyer under Art. 110, 110.1, 110.2 of the Criminal Code of the Russian Federation Incitement to suicide
- Lawyer under Art. 111 of the Criminal Code of the Russian Federation Causing grievous harm to health
- Lawyer under Art. 112 of the Criminal Code of the Russian Federation Causing moderate harm to health
- Lawyer under Art. 114 of the Criminal Code of the Russian Federation Causing harm to health by exceeding the necessary defense
- Lawyer under Art. 115 of the Criminal Code of the Russian Federation Intentional infliction of minor harm to health
- Defense in cases of crimes against freedom, honor and dignity of the individual
- Lawyer under Art. 126 of the Criminal Code of the Russian Federation Kidnapping
- Lawyer under Art. 127 of the Criminal Code of the Russian Federation Illegal deprivation of liberty
- Defense in cases of crimes against sexual integrity
- Lawyer under Art. 131 of the Criminal Code of the Russian Federation Rape
- Lawyer under Art. 132 of the Criminal Code of the Russian Federation Violent acts of a sexual nature
- Defense in cases of crimes against the constitutional rights and freedoms of man and citizen
- Lawyer under Art. 138.1 of the Criminal Code of the Russian Federation Illegal trafficking in special technical means intended for secretly obtaining information
- Lawyer under Art. 145.1 of the Criminal Code of the Russian Federation Non-payment of wages
- Defense in cases of crimes against family and minors
- Lawyer under Art. 150 of the Criminal Code of the Russian Federation Involvement of a minor in the commission of a crime
- Lawyer under Art. 151.1 of the Criminal Code of the Russian Federation Sale of alcohol to minors
- Defense in cases of crimes against property
- Lawyer under Art. 158 of the Criminal Code of the Russian Federation Theft
- Lawyer under Art. 159 of the Criminal Code of the Russian Federation Fraud
- Lawyer under Art. 161 of the Criminal Code of the Russian Federation Robbery
- Lawyer under Art. 162 of the Criminal Code of the Russian Federation Robbery
- Lawyer under Art. 163 of the Criminal Code of the Russian Federation Extortion
- Lawyer under Art. 166 of the Criminal Code of the Russian Federation Theft
- Lawyer under Art. 167 of the Criminal Code of the Russian Federation Destruction or damage to property
- Defense in cases of crimes in the sphere of economic activity
- Lawyer under Art. 171 of the Criminal Code of the Russian Federation Illegal entrepreneurship
- Lawyer under Art. 171.4 of the Criminal Code of the Russian Federation Illegal sale of alcoholic beverages
- Lawyer under Art. Art. 174 and 174.1 of the Criminal Code of the Russian Federation Cashing out, cashing out, legalization (laundering) of funds
- Defense in cases of crimes against the interests of the service in commercial and other organizations
- Lawyer under Art. Art. 201 of the Criminal Code of the Russian Federation, 201.1 of the Criminal Code of the Russian Federation and 202 of the Criminal Code of the Russian Federation Abuse of power
- Lawyer under Art. 204 of the Criminal Code of the Russian Federation Commercial bribery
- Defense in cases of crimes against public safety
- Lawyer under Art. 213 of the Criminal Code of the Russian Federation Hooliganism
- Lawyer under Art. 222 of the Criminal Code of the Russian Federation Illegal trafficking in weapons and ammunition
- Lawyer under Art. 226.1 of the Criminal Code of the Russian Federation Smuggling of potent, poisonous, poisonous, explosive substances and weapons
- Defense in cases of crimes against public health and public morals
- Lawyer under Art. 228 of the Criminal Code of the Russian Federation Drugs
- Lawyer under Art. 234 of the Criminal Code of the Russian Federation Illicit trafficking in potent substances
- Lawyer under Art. 241 of the Criminal Code of the Russian Federation Organization of prostitution
- Defense for environmental crimes
- Lawyer under Art. 260 of the Criminal Code of the Russian Federation Illegal felling of forest plantations
- Defense in cases of crimes against traffic safety and transport operation
- Lawyer under Art. 264 of the Criminal Code of the Russian Federation Road accidents with victims
- Lawyer under Art. 264.1 of the Criminal Code of the Russian Federation Driving while intoxicated
- Defense in cases of computer crimes
- Lawyer under Art. 272 of the Criminal Code of the Russian Federation Unlawful access to computer information
- Defense in cases of crimes against the foundations of the constitutional order and state security
- Lawyer under Art. 282 of the Criminal Code of the Russian Federation Inciting hatred or enmity
- Defense in cases of crimes against state power
- Lawyer under Art. 285 of the Criminal Code of the Russian Federation Abuse of official powers
- Lawyer under Art. 286 of the Criminal Code of the Russian Federation Exceeding official powers
- Lawyer under Art. 290 of the Criminal Code of the Russian Federation Receiving a bribe
- Lawyer under Art. 291 of the Criminal Code of the Russian Federation Giving a bribe
- Defense in cases of crimes against justice
- Lawyer under Art. 304 of the Criminal Code of the Russian Federation Provocation of a bribe or commercial bribery
- Lawyer under Art. 315 of the Criminal Code of the Russian Federation Failure to comply with a court decision
- Defense in cases of crimes against management order
- Lawyer under Art. 327 of the Criminal Code of the Russian Federation Forgery, production or sale of counterfeit documents
- Lawyer under Art. 330 of the Criminal Code of the Russian Federation Arbitrariness
- Defense in cases of crimes against military service
- Lawyer under Art. 335 of the Criminal Code of the Russian Federation Violation of the statutory rules of relationships
- Lawyer under Art. 337 of the Criminal Code of the Russian Federation Unauthorized abandonment of a unit or place of service
- Defense in cases of crimes against the peace and security of mankind
- Lawyer under Art. 354.1 of the Criminal Code of the Russian Federation Rehabilitation of Nazism
Responsibility under related articles
The emergence of various “death groups”, which provoked mainly teenagers to end their lives, forced the state to provide for liability for similar actions that led to multiple suicides, which were not covered by Article 110.
Since 2022, in connection with the newly introduced norms in the Criminal Code, the following have become punishable:
- Inducing or facilitating suicide (Article 110.1).
- Organization of activities to induce suicide (Article 110.2).
According to them, we punish a very wide range of criminal acts, the degree of severity of punishment depends on the specific circumstances of their commission, highlighted in each of the named articles as qualifying characteristics, most of which are associated with addiction, the inability of the victim to resist the negative impact, knowledge, and mental instability.
The subject, subjective side, object of these crimes are the same as under Art. 110 described above. All cases under Art. Art. 110.1, 110.2 are investigated exclusively by investigators of the Investigative Committee.
Art. 110.1 of the Criminal Code of the Russian Federation – inducement to suicide
The first part of this norm establishes liability for inducing someone to commit suicide (if there are no signs of Article 110). Suicidal tendencies can be expressed in certain actions:
- persuasion;
- bribery;
- deception;
- proposals;
- in other ways.
The most severe punishment for this is imprisonment for up to 2 years.
According to the second part, the punishment is imposed for assistance, a kind of “assistance” in independent death by:
- giving advice, instructions;
- providing information, means, instruments for suicide;
- removing barriers to its implementation;
- promise to hide suicide devices.
The maximum penalty is imprisonment of up to 3 years.
The third part provides for liability for inducing or facilitating “voluntary” death under aggravating circumstances (in relation to a knowingly minor, helpless, pregnant woman; 2 or more people; by a group of persons or an organizational group; committed in a public speech, the media, etc. ). The maximum penalty is imprisonment for up to 4 years.
Judging by the construction of the first three parts of Art. 110.1, the corpus delicti according to them is formal, that is, in order for the acts described in them to be completed, it is enough only to commit these actions. Responsibility for them will arise even if suicide itself or an attempt to commit it did not result. If these events did occur, the punishment will be according to the following three parts of the article, depending on the specific circumstances. Achieving the “goal” of inducement or assistance is a particularly qualifying feature.
The fourth part punishes inducement and assistance, which nevertheless led to suicide or an attempt to commit it. The maximum penalty is 5 to 10 years in prison.
For the fifth part , inducement and assistance that caused suicide or attempted suicide of a knowingly minor, helpless, pregnant woman or a person in any way dependent on the perpetrator may result in 6 to 12 years in prison.
According to the sixth part of Art. 110.1 grounds for prosecution - acts described in parts 1, 2 and 3, leading to the suicide of two or more people. Punishment - from 8 to 15 years of complete isolation from society.
Art. 110.2 of the Criminal Code of the Russian Federation - organization of activities to induce suicide
Article 110.2 contains only 2 parts. At the same time, it spells out the conditions for exemption from punishment.
According to the first part , organizing activities aimed at inducing suicide in two ways is punishable:
- Dissemination of information about options for its implementation.
- Appeals to him.
Based on the fact that the “recipients” of this information can be an indefinite number of people who will resort to the instructions given in it, the legislator classified this act as a serious crime, defining the maximum possible punishment at 10 years of imprisonment.
In relation to this norm, organization should be understood as the creation, financing, control, direction of activities and other things to lead people to suicide.
Under the second part, a similar act is punished, which has a much greater social danger, since its method involves conveying harmful information to even wider masses. This is the organization of activities aimed at calling for suicide, associated with:
- with public speaking;
- using a publicly displayed work;
- with the media;
- with information and communication networks (Internet, etc.)
The most severe punishment for such an act is up to 15 years in prison, so it belongs to the category of especially serious crimes.
Exemptions from liability
Despite the gravity of the crime under Art. 110.2 of the Criminal Code of the Russian Federation, the legislator, in order to stop direct activities leading to suicide (incitement, inducement, assistance in their commission), to minimize its consequences, has provided for the possibility of exemption from liability under this article for organizers of activities under the following conditions:
- Voluntary cessation of criminal activity.
- Actively contributing to the disclosure or suppression of acts prohibited by Articles 110-110.2.
Sources
- https://Zakonved.ru/ugolovnoe-pravo/prestupleniya-protiv-lichnosti/dovedenie-do-samoubiystva.html
- https://ugolovnyi-expert.com/dovedenie-do-samoubijstva-statya-110-uk-rf/
- https://aif.ru/society/law/chto_popadaet_pod_statyu_dovedenie_do_samoubiystva
- https://PravoNarushenie.com/zhizn-i-zdorove/ubijstvo/dovedenie-do-samoubijstva-i-otvetstvennost-po-uk-rf
Punishment
The punishment for incitement to suicide will depend on the nature of the crime. So, if there are no aggravating circumstances listed above, then the punishment will be considered under Part 1 of Article 110 of the Criminal Code of the Russian Federation:
- imprisonment from 2 to 6 years;
- forced labor for up to 5 years;
- as an additional punishment - a ban on holding certain positions for a period of up to 7 years.
If there are aggravating circumstances, punishment is applied under Part 2 of Article 110 of the Criminal Code of the Russian Federation:
- imprisonment for a term of 8 to 15 years;
- ban on holding certain positions for up to 10 years;
- mandatory additional punishment in the form of restriction of freedom for up to 2 years.
Suicide prevention
Preventive actions involve the use of a whole range of measures. First of all, we are talking about proper education with the formation of a negative attitude towards suicide. In most cases, suicide can be prevented with the timely reaction of the patient’s relatives and friends, because most often people decide to commit suicide due to loneliness.
Timely professional help can reduce the likelihood of suicide. Patients with suicidal tendencies undergo psychotherapy and pharmacotherapy. Also, the help of a psychotherapist is important for people with depression, neuroses and various types of disorders. Such patients are prescribed antidepressants with a sedative effect. At the beginning of taking such drugs, the patient requires constant monitoring.
If a person has made an unsuccessful suicide attempt, he is examined by a psychiatrist. If there are abnormalities that can provoke a relapse, the patient is sent for treatment. Therapy depends on the causes of suicidal tendencies.
