Disputed issues of interpretation of some qualified types of incitement to suicide

Abstract

The article deals with qualified types of incitement to suicide, provided for in paragraph a of Part 2 of Article 110 of the Criminal Code of the Russian Federation. The author of the article acknowledges that the interpretation of relevant signs of the composition of incitement to suicide in the scientific literature and practice is not indisputable, and offers scientifically sound recommendations for their definition in order to apply them uniformly in the qualification of crimes. With regard to the qualified composition of incitement to suicide committed against a person who is obviously helpless for the perpetrator, it is recommended to interpret the sign helpless state in a narrower semantic meaning than is provided for the purposes of the compositions of murder (Part 2 of Article 105) and rape (Part 1 of Article 131) of the Criminal Code of the Russian Federation. The article substantiates the conclusion that the helpless state of the victim in the sense of Article 110 of the Criminal Code of the Russian Federation cannot be attributed, for example, unconsciousness; young age; a state of mental disorder of a person that deprives him of the ability to correctly perceive what is happening.