Inducing or Facilitating Suicide: Issues of Differentiation of Responsibility and Classification

The paper analyzes the norm on criminal responsibility for inducing and facilitating suicide (article 110.1), included in the Criminal Code of the Russian Federation in connection with the expansion of "death groups" in social networks. The author pays special attention to the issues of differentiation of responsibility, calling into question the expediency of fixing in part 1-3 of this article the formal elements of crimes that provide for responsibility for "ineffective" inducement to suicide and assistance in its commission. The ratio between the public danger of inducing suicide and facilitating its commission is analyzed in detail. The author provides examples of the classification of these acts in the aggregate, when their commission does not entail the suicide of the victim or his attempt, and emphasizes the artificial nature of such a combination. The author concludes that it is necessary to refrain from splitting interrelated acts, i.e. inducing suicide and facilitating its commission, into two separate elements of the crime in parts 1 and 2 of the article. As a matter of discussion, the author examines the issue of distinguishing the analyzed acts from inducing them to suicide, and proves the validity of the legislative decision to recognize them as more socially dangerous. A separate consideration in the paper is given to the question of the nature of the determinative relationship in the elements of the "effective" inducement to suicide and assistance in its commission. Contrary to traditional views, it is noted that the acts of the inducing or facilitating a person are a necessary (mandatory) condition for committing suicide, that is, they are in a conditional relationship with it, and not in a causal relationship. When considering the issues of classification, the author reveals the content of the concept of "attempted suicide", while critically evaluating proposals to replace it with a "suicide attempt". Non-obvious elements of the analyzed crimes are indicated (targeting and special purpose), which allow distinguishing them from non-criminal acts. Finally, proposals are formulated to change the criminal law norm