Forms of guilt in suicidal behavior

Abstract

The article examines in detail the problem of determining the forms of guilt when driving to suicide. The corpus delicti provided for in Article 110 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation) is being considered. The opinions of legal scholars on the subjective side of the corpus delicti enshrined in Article 110 of the Criminal Code of the Russian Federation are being studied: according to the first point of view, suicide can be committed both intentionally and negligently; according to the second point of view, suicide can only be committed with an intentional form of guilt.; according to the third point of view, when driving to suicide, guilt can manifest itself only in three forms: indirect intent or negligence; according to the fourth point of view, driving to suicide is possible only with indirect intent. Court decisions on cases of suicide are given. The opinions of law enforcement officers on the form of guilt when driving to suicide are presented. As a result of the research, the author concludes that  when driving to suicide, together with creating conditions, the act should be qualified as premeditated murder, since the crime was committed “by the hands of the victim”. In conclusion, a reasoned proposal is made to solve the problem of the form of guilt in driving to suicide by fixing a note in the Criminal Code of the Russian Federation.