Citation

Niedźwiedź A. Prawo i Wiez 2021; 2021(4): 342-361.

Copyright

(Copyright © 2021)

DOI

10.36128/priw.vi38.233

PMID

unavailable

Abstract

The author focuses on issues related to the crime defined in Article 151 of the Criminal Code. Considerations about the sociological perspective on suicide, which allowed to set social determinants of suicide and to define suicide are the author's starting points. The author also analyses the word "cause" which is the condition of bringing the perpetrator to criminal liability. According to Article 151 of the Criminal Code is to cause lay violent hands on oneself by the person who is able to recognize the meaning of his act and direct his behaviour. In the following part the criteria affecting the free will of a person commit-ting suicide such as insanity and age of the aggrieved. It allowed demonstrating some inconsistencies, which appeared during analysing these criteria and, consequently, also to introduce some relevant regulations, that could dispel any doubts that currently appear in interpretation. These issues are answers to the question posed in the title. Taking this as the basis for concluding whether a person persuading another person to commit suicide or providing help to a suicide incur a penalty based on Article 151 of the Criminal Code, or perhaps it should be considered as the crime of murder (Article 148 of the Criminal Code). © 2021, Spoldzielczy Instytut Naukowy. All rights reserved.

Language: pl

Keywords

suicide; killing; age of the aggrieved; insanity