КРИМІНАЛЬНА ВІДПОВІДАЛЬНІСТЬ ЗА ДОВЕДЕННЯ ДО САМОГУБСТВА

Authors

  • Сeргій Гeoргійoвич Кирeнкo Інститут управління, технологій та права
  • Оксана Олександрівна Івашина Інститут управління, технологій та права

Keywords:

suicide, criminal offense, leading to suicide, suicidal tendencies, criminal liability, cruelty

Abstract

Human life, his honor and dignity, health are the highest values of the legal and social system of Ukraine. That is why the state should create such legislation, thanks to which it is possible to fully ensure everyone's inalienable right to life and the appropriate level of its protection.

The work examines the elements and signs of the composition of the criminal offense provided for in Article 120 of the Criminal Code of Ukraine - leading to suicide and examines their content. In particular, it is about the objective and subjective sides, and the qualifying features of this crime are also given. The analysis of scientific works of other authors in the field of human psychology and criminal law was carried out. In addition, conclusions are provided regarding the advantages and disadvantages of the new version of Article 120 of the Criminal Code of Ukraine, namely the changes introduced in 2018. Provided information about the structure and dynamics of the criminal offense, reasons and conditions that contribute to its implementation.

The relevance of the work is determined by a comprehensive approach to the study of the problem, taking into account various aspects that may have been insufficiently investigated or not properly taken into account before. Already existing approaches are supplemented and deepened, considering suicide as a complex socio-cultural problem, taking into account legal, medical and social dimensions.

The work introduces the concept of self-serving motive as an additional qualifying feature, which indicates the awareness of the perpetrator of personal gain from committing suicide. The work makes it possible to expand the understanding of the problem of criminal responsibility for leading to suicide, as well as to make a constructive contribution to further scientific research and the development of legal regulation of this problem.

Published

2023-12-01

Issue

Section

Journal Articles