Forms of criminal involvement in suicide: a comparative approach

The study is devoted to the comparative legal analysis of the norms of the criminal legislation of Russia and foreign countries on liability for forms of criminal involvement in suicide on a number of key points: on the specifics of legislative regulation of liability for criminal involvement in suicide; on the allocation of independent elements of a crime for different forms of criminal involvement in suicide (incitement, inducement, assistance, counseling aimed at inciting to commit suicide), characteristics of the methods of criminal involvement in suicide. The objective of the study is to identify positive experience in constructing a criminal-legal prohibition of various methods of incitement to suicide, incitement and assistance to it in the legislation of the Russian Federation and foreign countries. The materials for the study were codified regulatory legal acts of the Russian Federation and foreign countries of different continents (Asia, Africa, Europe, South America), containing criminal-legal norms on criminal liability for various forms of criminal involvement in suicide; texts of court decisions in foreign countries; positions of legal scholars devoted to criminal involvement in suicide. General scientific (dialectical, analysis, synthesis) and specific scientific (comparative legal, legal-dogmatic and system-structural) methods were used as research methods, which allowed obtaining substantiated results. Results. Criminal involvement in suicide is a general concept consisting of three main forms: incitement to suicide, incitement to suicide, assistance in suicide. An analysis of the national legal systems of 34 countries (with a sample across all continents) showed that 39.4% of the national legal systems we studied do not provide for criminal liability for incitement to suicide, but do provide for punishment for other forms of involvement in suicide. Criminal liability for incitement to suicide is provided for, but combined into one norm with other forms of criminal involvement in suicide - in 24.3% of cases. In 15.1% of states, criminal legislation provides for criminal liability only for incitement to suicide. All forms of criminal involvement in suicide as independent crimes are enshrined in 12.1% of the studied states. In 9.1%, there is no indication of criminal liability for criminal involvement in suicide.