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.
Types of self-destructive behavior
Russian psychologist Andrei Ipatov identified several types of self-destructive behavior. Knowledge of the typology will help parents and teachers carefully adjust the child’s behavior and, possibly, save his life. But the most effective way to improve the situation is to seek help from a psychologist.
Self-affirming
A teenager often tries to prove something to himself and others - especially if he is a member of a group or wants to attract the attention of an individual or relatives. The problem is that he is not able to calculate all possible consequences. For example, a child commits minor offenses and then brags on social networks about what and where he stole. Or he gets involved in mischief at the risk of his life: he runs across the road in front of a moving car, tries to jump onto the roof of an accelerating train.
“Redirect the child’s attention to other, safe options for self-affirmation: a mountaineering club, a stunt school. Now there are even parkour sections. The guys are trained by professionals there, so the thrill remains and the risk is minimized.”
Defender
Teenagers who grow up in conflict families are more likely than others to need approval and external support. The difficult home environment pushes them to truancy, wander aimlessly through the streets, and even run away. Self-destruction for them is a way to gain psychological safety and relieve internal tension.
“Helping a teenager does not necessarily mean confidential conversations. You can organize a class hour with practical exercises, where the children will be told how to cope with anxiety.”
Imitative
This type includes adolescents prone to addiction. They are in dire need of approval, but are rarely antisocial, rather obsessive. Such children try to justify absenteeism, begging, smoking and drinking alcohol with their increased vulnerability. Even the ban on the sale of alcohol and tobacco products to persons under 18 years of age does not stop them.
“In order to bring a student out of a destructive state, it is important to develop in him independence of decisions and responsibility. Explain: forcing yourself on your interlocutors is not the best way to make friends.”
Demonstrative
Manipulation of adults is a proven scheme. Hysterical demands turn into threats: “If you don’t do as I ask, then right now I’m going to throw myself off the roof.”
Teenagers with demonstrative behavior begin to drink alcohol and smoke early. Most often, the cause of self-destruction is the desire to win someone’s attention.
“If a child tries to manipulate through screaming, tears and threats, consult with a school psychologist and involve parents in the conversation.”
Protest
He doesn’t care that it’s winter outside and he might catch a cold. The main thing is to annoy someone who annoys him with increased care. If in cold weather a grandson takes off his hat to spite his grandmother, he most likely has a protest type of auto-aggression.
Wanting to “revenge” imaginary and real insults, and at the same time to assert himself, a teenager is capable of physically harming himself. If left to chance, the child may become a wanderer or become involved in gambling.
“Children with a protest type of self-destruction are socially fenced off. Show empathy when communicating with them, explain what non-conflict and tolerant interaction with people looks like in reality.”
Suicide and suicidal behavior
In adolescence, hormones are in full swing, and you want to assert yourself within your social group. And this, of course, is always accompanied by stress. Complexes and problems with parents can completely unsettle you - does life even have meaning?
“Suicide is the deliberate taking of one’s life, a specific action. Suicidal behavior - thoughts, statements, threats and demonstrative attempts at suicide, which almost never lead to death."
The mentality pushes Russians to overcome difficulties on their own. People are prejudiced towards psychologists, believing that sharing secrets is a sign of weakness. But there are problems that can only be dealt with together with a specialist. This is especially true for children.
“Every year, every 12th teenager aged 15-19 tries to commit suicide. Signs of suicidal activity - a child's cry for help. In 90% of cases, teenagers have no direct desire to give up their lives. About 75% of the guys revealed their intentions, but no one heard them.”
Causes of suicide
- Conflicts within the family. The teacher cannot control other people's relationships, but the child's behavior will tell about the excessive demands that adults make. You can tactfully talk with parents and invite them to diversify the student’s leisure time.
- Conflicts at school. Bullying comes first. Children cannot always agree, so it is important for adults to take part in resolving contentious disputes.
- Unhappy or unrequited love. Do not brush off children's problems, even if they seem naive nonsense to you.
- Material and everyday difficulties.
- Depression and mental disorders occur during protracted quarrels between parents.
- The aggressive Internet environment has a negative impact: propaganda of sex, violence, murder and suicide.
- Genetic factors.
- Incurable diseases.
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.
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.
Signs of auto-aggression
It is difficult for relatives to detect signs of self-destructive behavior - the children spend almost all their time outside the home. In addition, teenagers usually hide the reasons for increased anxiety: it seems to them that adults are simply asking questions, encroaching on personal freedom.
“If the problem is identified in the early stages, it can be solved quite easily. In most cases, its root is simple overexertion. When a teenager is depressed, ignores meals, or deliberately hurts himself, you need to consult a neurologist. Prescribing sedatives should lead to improvement."
Eating disorders are another scary problem. Teenagers readily succumb to images that are aggressively imposed by society. Girls exhaust themselves with diets, “cleanse” the body with enemas, diuretics and laxatives in order to become like Instagram stars. The result can be anorexia, exhaustion, and metabolic disorders.
Or, on the contrary, internal problems, the child begins to unconsciously binge on high-calorie and heavy food. The result is obesity.
To feel special and experience unusual emotions, teenagers begin to have sex early and try psychoactive substances. One of the manifestations is the dispute “who is cooler”. In an effort to prove to himself and his comrades what he is worth, the boy may begin to jump on rooftops and cling to the carriage of a departing train.
“In the life safety course, we try to convey to the children the dangers of deliberately creating dangerous situations. Under a powerful drug, the teenager seems to be capable of anything and absolutely invulnerable. But arrogance, alas, often turns into tragedy.”
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.
