ПРОБЛЕМЫ ТОЛКОВАНИЯ ОТДЕЛЬНЫХ ПРИЗНАКОВ ОБЪЕКТИВНОЙ И СУБЪЕКТИВНОЙ СТОРОНЫ СОСТАВА ДОВЕДЕНИЯ ДО САМОУБИЙСТВА (СТ. 110 УК РФ): ТЕОРЕТИЧЕСКИЙ И ПРАКТИЧЕСКИЙ АНАЛИЗ

Abstract

Russia is among the top ten in terms of the number of suicides per capita. There are many reasons why a person decides to leave life. Often, it is the result of long-term problems and experiences that a person could not cope with. The reasons for suicide can also be the actions of other persons, including criminal ones classified by criminal law as incitement to suicide. The inaccuracy of the formulated disposition in the article on the incitement to suicide or attempted suicide (Article 110 of the RF Criminal Code) causes controversy in the scientific community and some difficulties in law enforcement. The paper studies the definition of individual objective and subjective signs of incitement to suicide and the search for ways to resolve them. The authors considered various positions of the authors of the interpretation of the concept of objective and subjective signs – a threat as a method of bringing to suicide, a form of guilt of such crime and analyzed the reasons for the contradictory judicial practice in their determination. The analysis allowed differentiating criminal liability of a person who committed a crime considering the principle of justice. The authors propose to amend the disposition of Article 110 of the RF Criminal Code by dividing into separate parts deliberate actions aimed at incitement to suicide and negligence and intent concerning the consequences; to add to the specified article a particularly classifying feature in the form of deliberate actions led to a suicide or attempted suicide of a minor and mentally defective person; to add to Article 163 of the RF Criminal Code (extortion) a particularly classifying feature in the form of serious consequences by negligence, including a suicide.