On The Criminal Responsibility Of Suicidal Participation Behavior

Suicide has always been a major problem plaguing human society.The number of suicidal cases has increased in many countries and regions along with improved society and speeding pace of life.That the person committing suicide cannot be regarded as committing a crime has reached an agreement,but whether other people who offer help for suicide should be incriminated remains a research subject,which has great controversy in both judicial practice and jurisprudence theories,particularly so as the Criminal Law does not explicitly address this issue.There are three views i in general on the handling of this problem on the criminal law theory:Identified as intentional homicide,no crime,amending our criminal law and establishing a separate charges in the Criminal Law.Such cases often be regarded as intentional homicide injudicial practice.But because of this behavior and murder is not the same in the constitutive requirements,in his ruling,the court also lack sufficient argumentation,so the hard to avoid is in violation of the principle of a legally prescribed punishment,also seriously affected the judicial authority.This article analyses relevant issues regarding suicide and participating behavior,and hopefully this could shed a light on clearing some confusion.Chapter one defines participation behavior,and specifies that generally participation behavior could be divided into three categories,namely abetting,aiding and agreeing to suicide.Based on the affirmation to the legal nature of suicide cases,the second chapter analyses two opposite theories about whether suicidal participation behavior should be punished,and concludes that it should only be punished when social hazard is caused.Chapter three explains the nature of suicidal participation behavior.Abetting suicide bearing the nature of substantive illegality should be separately convicted as a crime,while aiding others with suicide does not conform to sufficient incrimination conditions.As to the situation where multiple parties agree to commit suicide,it depends on whether abetting or omission is involved and according should be dealt differently.