Incitement to suicide: theoretical analysis

The article examines specifics of the object of crime provided for in Article 110 of theCriminal Code of the Russian Federation - incitement to suicide or attempted suicide. The urgency of the research carried out in thisarticle consists in the fact that this crime belongs to the category of crimes of average gravity proceeding from the types and degree ofthe punishment provided for in Article 110 of the Criminal Code of the Russian Federation. However the acts mentioned in this chapterhave a socially dangerous consequence, death of the person, except the acts, objective and subjective features of which classify them asprivileged body of crime (Articles 106, 107, 108, 109 of the Criminal Code of the Russian Federation), - refer to the category of gravestcrimes. Incitement to suicide or attempted suicide (Article 110 of the Criminal Code of the Russian Federation) does not contain anyspecific elements of features of the body of a crime, which would define it as the privileged one. Nevertheless, as it was said above, itbelongs to the category of crimes of average gravity. To clear out the indicated specifics of this crime one should investigate the featuresof the body of a crime, its constructive elements, the object of a crime being of particular significance. As to the object indicated inArticle 110 of the Criminal Code of the Russian Federation it is necessary to pay attention to the inalienable natural subjective right ofeach individual - the right of choice. The stated right is closely connected with the freedom of will of the individual as an independent,mentally healthy person. The freedom of will means that nobody has the right to influence imperatively the will of the individual withthe goal of making their choice, pleasing the influencer, not the individual. Here a very basic thesis should be stressed: in case ofincitement to suicide the guilty does not deprive the victim of their right of choice in life disposal, which actually takes place inhomicide, and it is the victim who carries out the choice for voluntary life deprivation. Still, the freedom of will of the victim onrealization of the indicated right is essentially injured by the negative psychological situation the guilty purposefully places the victimin, wishing for the victim to choose the behavior variant of suicide. In other words, there is a direct evidence of the choice carried outwith a flaw in will declaration. And still, very likely, victim's right to choose classifies incitement to suicide as the crime of averagegravity by Article 110 of the Criminal Code of the Russian Federation.

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