Suicide legislation
Suicide |
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Related phenomena |
Suicide is a crime in some parts of the world.[1] However, while suicide has been decriminalized in some western countries, the act is still stigmatized and discouraged. In other contexts, such as ancient Rome or medieval Japan, suicide was seen as a defiant act of extreme personal freedom against perceived or actual tyrants.
While a person who has completed suicide is beyond the reach of the law, there can still be legal consequences in the cases of treatment of the corpse or the fate of the person's property or family members. The associated matters of assisting a suicide and attempting suicide have also been dealt with by the laws of some jurisdictions. Some countries criminalise failed suicide attempts.
Historically laws against suicide and mercy killing have developed from religious doctrine, for example, the claim that only God has the right to determine when a person will die.[2]
History
In ancient Athens, a person who had died by suicide (without the approval of the state) was denied the honours of a normal burial. The person would be buried alone, on the outskirts of the city, without a headstone or marker.[3] A criminal ordinance issued by Louis XIV in 1670 was far more severe in its punishment: the dead person's body was drawn through the streets, face down, and then hung or thrown on a garbage heap. Additionally, all of the person's property was confiscated.[4]
The 'Burial of Suicide Act' of 1823 abolished the legal requirement in England of burying suicides at crossroads.[5][6]
Even in modern times, legal penalties for the act of suicide have not been uncommon. By 1879, English law had begun to distinguish between suicide and homicide, though suicide still resulted in forfeiture of estate. Also, the deceased were permitted daylight burial in 1882.
Assisted suicide
In many jurisdictions it is a crime to assist others, directly or indirectly, in taking their own lives. In some jurisdictions, it is also illegal to encourage them to do so. Sometimes an exception applies for physician assisted suicide (PAS), under strict conditions.
Laws in individual jurisdictions (table)
Africa
Country/region | De jure | Penalty | Notes | |||
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Suicide | Assisted suicide | Euthanasia | ||||
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Unknown | Unknown | Unknown | Unknown | ||
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Legal | Illegal | Illegal |
Article 141. (Instigation or help to murder)
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[7] | |
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Legal | Illegal | Illegal |
Article 207. Suicide pacts (1) It shall be manslaughter, and shall not be murder, for a person acting in pursuance of a suicide pact between him and another to kill the other or be a party to the other killing himself or being killed by a third person. Article 222. Aiding suicide Any person who
is guilty of an offence and is liable to imprisonment for life. |
[8] | |
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Unknown | Unknown | Unknown | Unknown | ||
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Legal | Illegal | Illegal |
Article 275. Murder Whoever causes another's death shall be punished with imprisonment for life. |
[9] | |
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | Unknown | ||
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Legal | Illegal | Illegal |
Article 47. The felonies whereof the attempt is liableto punishment and also the penalty for that attempt shall be legally defined. |
[10][11] | |
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Unknown | Unknown | Unknown | Unknown | ||
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Legal | Illegal | Illegal | Art. 280. -Assisting Suicide. (1) A person who, for any selfish or base motive, intentionally helps, advises or incites another person to commit suicide, is, where the suicide is attempted, guilty of assisting suicide, a Class 9 serious offence, punishable with a definite term of imprisonment of not less than 1 year and not more than 3 years. (2) Where death results from a person‟s actions under sub-Article (1), or knew that the person who attempted to commit suicide is partially or completely irresponsible, sick or a minor person, is guilty of assisting suicide, a Class 8 serious offence, punishable with a definite term of imprisonment of not less than 3 years and not more than 5 years. |
[12] | |
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | Unknown | ||
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Illegal | Illegal | Illegal |
Section 57—Abetment of Suicide. Attempted Suicide. (1) Whoever abets the commission of suicide by any person shall whether or not the suicide be actually committed, be guilty of first degree felony. (2) Whoever attempts to commit suicide shall be guilty of a misdemeanour. |
[13] | |
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Unknown | Unknown | Unknown | Unknown | ||
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Illegal | Illegal | Illegal |
209. Suicide pacts (1) It shall be manslaughter, and shall not be murder, for a person acting in pursuance of a suicide pact between him and another to kill the other or be a party to the other killing himself or being killed by a third person. (2) Where it is shown that a person charged with the murder of another killed the other or was a party to his killing himself or being killed, it shall be for the defence to prove that the person charged was acting in pursuance of a suicide pact between him and the other. (3) For the purposes of this section, “suicide pact” means a common agreement between two or more persons having for its object the death of all of them, whether or not each is to take his own life, but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact. 225. Aiding suicide Any person who—
is guilty of a felony and is liable to imprisonment for life. 226. Attempting suicide Any person who attempts to kill himself is guilty of a misdemeanour. |
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | Unknown | ||
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Legal | Illegal | Illegal |
Art. 525.-Instigating or Aiding another to commit Suicide. (1) Whosoever, for any selfish or any base motive, instigates another to commit suicide, or aids and abets him to do so, is punishable with simple imprisonment of where the suicide is attempted bot not consumated, and with simple imprisonment from one to five years where it is accomplished. (2) Where the person who has commited suicide is partially or completely irresponsible, or had not attained the age of 18 years, the punishment is rigorous imprisonment not exceeding ten years. |
[14] | |
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Illegal | Illegal | Illegal |
Article 213. Abetment of Suicide. Subject to the provisions of section 214 of this Act, whoever abets any person to commit suicide, commits the offence of abetment of suicide, and upon conviction, shall be sentenced to imprisonment for a term not exceeding ten years or with a fine or with both. Article 214. Abetment of Suicide by an Child or an Insane Person. Whoever, abets any person under eighteen years of age, any insane person, delirious person, an idiot or any person in a state of intoxication, to commit suicide, commits an offence, and upon conviction, shall be sentenced to imprisonment for life or with a fine or with both. Article 215. Attempt to Commit Suicide. Whoever, attempts to or engages in any act towards committing suicide, commits an offence, and upon conviction, shall be sentenced to imprisonment for a term not exceeding one year orwith a fine or with both. |
[15] | |
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | Unknown | ||
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Illegal | Illegal | Illegal |
Article 216. Aiding suicide Any person who—
so; or
is guilty of a felony, and is liable to imprisonment for life. Article 217. Attempting suicide. Any person who attempts to kill himself is guilty a misdemeanour. |
[16] | |
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | Unknown | ||
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Illegal | Illegal | Illegal |
Article 195. Suicide pacts. It shall be manslaughter and shall not be murder for a person acting in pursuance of a suicide pact between him or her and another to kill the other or be a party to the other killing himself or herself or being killed by a third person. Article 209. Aiding suicide. Any person who— Article 210. Attempting suicide. Any person who attempts to kill himself or herself commits a misdemeanour. |
[17] | |
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Unknown | Unknown | Unknown | Unknown | ||
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Legal | Illegal | Illegal |
Article 200. Murder Any person who of malice aforethought causes the death of another person by an unlawful act or omission is guilty of murder. |
[18] | |
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Legal | Illegal | Illegal |
Article 50. Inciting or assisting suicide Any person who incites, induces, aids, counsels, procures or provides the means for the suicide or attempted suicide of another person, knowing that the other person intends to commit suicide or realising that there is a real risk or possibility that the other person may commit suicide, shall be guilty of inciting or assisting suicide and liable to a fine up to or exceeding level fourteen, or imprisonment for life or any shorter period, or both such fine and such imprisonment. |
[19] |
Americas
Country/region | De jure | Penalty | Notes | ||
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Suicide | Assisted suicide | Euthanasia | |||
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Legal | Illegal | Illegal |
Article 158. Abetment of suicide (1) Any person who aids, abets, counsels or procures the suicide of another, or the attempt by another to commit suicide, shall be guilty of an offence and liable to imprisonment for fourteen years. Article 159. Suicide pacts (1) It shall be manslaughter and not murder for a person acting in pursuance of a suicide pact between him and another person to kill the other person or to be a party to that other person killing himself or being killed by a third person. |
[20] |
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Legal | Illegal | Illegal | ||
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Legal | Illegal | Illegal | [21] | |
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Illegal | Illegal | Illegal | Article 294. Abetment of suicide. Whoever attempts to commit suicide is guilty of a misdemeanour, and whoever abets the commission of suicide by any person shall, whether or not the suicide be actually committed, be liable to imprisonment for life. |
[22] |
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Unknown | Unknown | Unknown | Unknown | |
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Legal | Illegal | Illegal | Article 109. Abetment of suicide. Every person who abets the commission of suicide by any person shall, whether or not the suicide be actually committed, be liable to imprisonment for twenty years. |
[23] |
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Legal | Illegal | Illegal | Article 297. Suicide pacts (1) It is manslaughter and not murder for a person acting in pursuance of a suicide pact between him and another to kill the other or be a party to the killing himself or being killed by a third person. Article 300. Aiding suicide of another Any person—
is guilty of a felony, and is liable to imprisonment for ten years. |
[24] |
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Unknown | Unknown | Unknown | Unknown | |
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Unknown | Unknown | Unknown | Unknown | |
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Unknown | Unknown | Unknown | Unknown | |
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Legal | Legal medical assisted suicide | Illegal | Euthanasia in Canada | [25] |
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Legal | Illegal | Illegal | Article 187. Suicide pacts (1) It shall be manslaughter and not murder for a person acting in pursuance of a suicide pact between him and another to kill the other or to be a party to the other killing himself or being killed by a third person. |
[26] |
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Legal | Illegal | Illegal | Unknown | |
Legal | Legal medical assisted suicide in California, Oregon, Vermont, and Washington | Illegal | Unknown | ||
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Unknown | Unknown | Unknown | Unknown | |
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Unknown | Unknown | Unknown | Unknown | |
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Unknown | Unknown | Unknown | Unknown |
Asia
Country/region | De jure | Penalty | Notes | |||
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Suicide | Assisted suicide | Euthanasia | ||||
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Unknown | Unknown | Unknown | Unknown | ||
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Illegal | Illegal | Illegal | Article 305. Abetment of suicide of child or insane person If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication commits suicide, whoever abets the commission of such suicide shall be punished with death or 110[ imprisonment] for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine. Article 306. Abetment of suicide If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Article 309. Attempt to commit suicide Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. |
[27] | |
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Legal | Illegal | Illegal | Article 150. Complicity in suicide A defendant shall be guilty of the offence of complicity in suicide, if the defendant aids, abets, counsels or procures the suicide of another person. Article 151. Grading of complicity in suicide The offence of complicity in suicide shall be a misdemeanour. |
[28] | |
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Illegal | Illegal | Illegal | Article 305. Abetment of suicide of child or insane person. If any person under 18 years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication commits suicide, whoever abets the commission of such suicide shall be punished with death or imprisonment for life. Article 306. Abetment of suicide If any person commits suicide, whoever abets the commission of such suicide shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. Article 309. Attempt to commit suicide Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both. |
[29] | |
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Legal | Illegal | Illegal | Unknown | [30] | |
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Legal | Illegal | Illegal | Suicide in China | ||
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Legal | Illegal | Illegal | Legal since 1967 | [31] | |
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Illegal | Illegal | Illegal | Article 305. Abetment of suicide of child or insane person If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or 104[imprisonment for life], or imprisonment for a term not exceeding ten years, and shall also be liable to fine. Article 309. Attempt to commit suicide Whoever attempts to commit suicide and does any act towards the commission of such offence, shall he punished with simple imprisonment for a term which may extend to one year 151 [or with fine, or with both]. | ||
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Legal | Illegal | Illegal | Article 345 Any person whowith deliberate intent instigates another to commit suicide, aids him thereby or provides him with the means thereto, shall, if the suicide ensues, be punished by a maximum imprisonment of four years. |
[32] | |
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Legal | Illegal | Illegal | [33] | ||
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Unknown | Unknown | Unknown | Unknown | ||
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Legal | Illegal | Illegal | Article 302. Inducing or abetting suicide If a person causes a person to kill himself by inducement or advice or if he assists a person in killing himself, then he is liable to twenty years imprisonment. |
[34] | |
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Legal | Illegal | Illegal | Article 202. (Inducing or Aiding Suicide; Homicide with Consent) A person who induces or aids another to commit suicide, or kills another at the other's request or with other's consent, shall be punished by imprisonment with or without work for not less than 6 months but not more than 7 years. |
[35] | |
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Illegal | Illegal | Illegal | Article (339) a. Whoever incites a person to commit suicide or assists him/her in any of the ways stipulated in article (80), he/she shall be punished by temporary detention. b. If the person does not commit suicide but attempts to do so, then the penalty shall be imprisonment from three months to two years and up to three years if it results in a permanent disability or harm. |
[36] | |
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Legal | Illegal | Illegal | Article 102. Driving Someone to Suicide 1. Driving a person to suicide or to make a suicide attempt by way of threatening, cruel treatment or systematic humiliation of the human dignity of a victim, shall be punished by restriction of freedom for a period up to three years, or by deprivation of freedom for the same period. 2. The same act, committed against a person who was in complete material or other dependence upon the guilty person, -shall be punished by restriction of freedom for a period up to five years or deprivation of freedom for the same period. Article 96. A Murder 1. A murder, that is, the illegal deliberate causation of the death of another person, shall be punished by deprivation of freedom for a period from six to fifteen years. |
[37] | |
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Unknown | Unknown | Unknown | Unknown | ||
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Legal | Illegal | Illegal | Article 102. Reducing to Suicide (1) Reducing a person to suicide or attempted suicide by threats, abuse or systematic humiliation -shall be sentenced by 2 to 5 years of imprisonment. (2) The same act towards a person materially or in other way dependent on the offender, -shall be sentenced by 3 to 7 years of imprisonment. Article 103. Compassing to Suicide Compassing to suicide, i.e. raising another person’s determination to commit suicide by persuasion, deception or in any other way, that lead to such person’s suicide or attempted suicide, -shall be sentenced by up to 5 years of imprisonment. |
[38] | |
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Illegal | Illegal | Illegal | Penalty for an attempted suicide: 3 months up to 5 years imprisonment. | [39] | |
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Unknown | Unknown | Unknown | Unknown | ||
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Illegal | Illegal | Illegal | Sec. 305 Abetment of suicide of child or insane person If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide shall be punished with death or imprisonment for a term which may extend to twenty years, and shall also be liable to fine. Sec. 306 Abetment of suicide If any person commits suicide, whoever abets the commission of such suicide shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine. Sec. 309. Attempt to commit suicide Whoever attempts to commit suicide, and does any act towards the commission of such offence, shall be punished with imprisonment for a term which may extend to one year or with fine or with both. |
[40] | |
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Unknown | Unknown | Unknown | Unknown | ||
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Legal | Illegal | Illegal | Article 95. Bringing to suicide 95.1. Bringing to suicide of the victim who is in a material dependence, subordination or another inferiority to the culprit through brutal treatment or systematic humiliation of his/her honor and dignity shall be punishable by imprisonment for a period of 2 to 5 years. |
[41] | |
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Unknown | Unknown | Unknown | Unknown | ||
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Illegal | Illegal | Illegal | Unknown | ||
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Illegal | Illegal | Illegal | Unknown | ||
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Illegal | Illegal | Illegal | Sec. 325. Attempt to commit suicide: Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. |
[42] | |
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Unknown | Unknown | Unknown | Unknown | ||
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Legal | Illegal | Illegal | Art. 253. Giving assistance to suicide. Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such person leads his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of reclusion temporal. However, if the suicide is not consummated, the penalty of arresto mayor in its medium and maximum periods, shall be imposed. |
[43] | |
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Legal | Illegal | Illegal | Article (305) Anyone who incites or helps a person anyhow to commit suicide, if suicide is committed accordingly, is convicted to no more than seven years in prison. If the victim is under sixteen or unwilled, the culprit is convicted to no more than ten years in prison. If the victim has no choice or is unaware, this is considered a premeditated murder and the culprit is convicted to no more than seven years in prison if the victim’s parents forgive or accept the wergild. |
[44] | |
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Illegal | Illegal | Illegal | Unknown | ||
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Illegal | Illegal | Illegal | Article 305. Abetment of suicide of child or insane person If any person under 18 years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide shall be punished with death or imprisonment for life, or with imprisonment for a term not exceeding 10 years, and shall also be liable to fine. Article 306. Abetment of suicide If any person commits suicide, whoever abets the commission of such suicide shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to fine. Article 309. Attempt to commit suicide Whoever attempts to commit suicide, and does any act towards the commission of such offence, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both. |
[45] | |
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Legal | Illegal | Illegal | Article 252 (Murder upon Request or with Consent) CRIMINAL ACT 53 (1) A person who kills another upon ones request or with ones consent shall be punished by imprisonment for not less than one year nor more than ten years. |
[46] | |
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Legal | Illegal | Illegal | 299. Abetment of suicide If any person commits suicide, whoever abets the commission of such suicide shall be punished with death. |
[47] | |
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Illegal | Illegal | Illegal | Unknown | ||
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Legal | Illegal | Illegal | Unknown | [48] | |
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Legal | Illegal | Illegal | Article 109. Driving to Suicide (1) Driving an individual to suicide or attempt upon suicide by threat, cruel treatment, or systematic degrading the dignity of a victim is punishable by imprisonment for a period of 3 to 5 years. (2) The same actions committed in regard to a person, who was in financial or other dependence of the guilty person, or committed in regard to a minor is punishable by imprisonment for a period of 5 to 8 years. |
[49] | |
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Legal | Illegal | Illegal | Section 292 Whoever, practicing the cruelty or employing the similar factor on the person to have depended on him for subsistence or any other activities so as to that person shall commit the suicide, if suicide to have occurred or to have been attempted, shall be imprisoned not out seven years and fined not out of fourteen thousand Baht. Section 293 Whoever aids or instigates a child not over sixteen years of age, or a person who is unable to understand the nature and importance of his act or who is unable to control his act, to commit suicide, shall, if suicide has occurred or has been attempted, be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both. |
[50] | |
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Unknown | Unknown | Unknown | Unknown | ||
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Illegal | Illegal | Illegal | Unknown | [51] | |
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Legal | Illegal | Illegal | Article 103. Bringing to Suicide Bringing to suicide or attempt thereat by cruel treatment or persistent degrading of honor and dignity of a person, who was not in financial or other dependence on a guilty person shall be punished with correctional labor up to three years or imprisonment up to five years. The same acts committed in respect of a person, who was in financial or other dependence on a guilty person shall be punished with correctional labor up to three years or imprisonment up to five years. |
[52] | |
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Legal | Illegal | Illegal | Article 100. Forced suicide 1. Any person who cruelly treats, constantly intimidates, illtreats or humiliates a person dependent on him/her, inducing the latter to commit suicide, shall be sentenced to between two and seven years of imprisonment. 2. Any person who commits the crime of compelling more than one person to commit suicide shall be sentenced to between five and twelve years of imprisonment. Article 101. Inciting or assisting other persons to commit suicide 1. Any person who incites another person to commit suicide or assists another person to commit suicide shall be sentenced to imprisonment for between six months and three years. 2. Any person who commits the crime of assisting or inciting more than one person to commit suicide shall be sentenced to between two and seven years of imprisonment. |
[53] | |
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Illegal | Illegal | Illegal | Unknown |
Europe
Country/region | De jure | Penalty | Notes | ||
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Suicide | Assisted suicide | Euthanasia | |||
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Legal | Illegal | Illegal | Article 99 Causing suicide Causing suicide or a suicide attempt by a person because of the systematic maltreatment or other systematic misbehaviors which seriously affect the dignity [of the person], committed by another person under whose material dependence or any other dependence the former person is subject, is punishable by a fine or up to five years of imprisonment. |
[54] |
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Legal | Illegal | Illegal | Article 110. Causing somebody to commit suicide. 1. Causing somebody to commit suicide or make an attempt at a suicide by indirect willfulness or by negligence, by means of threat, cruel treatment or regular humiliation of one’s dignity, is punished with imprisonment for the term of up to 3 years. 2. The same act committed in relation to a person in financial or other dependence of the perpetrator, is punished with imprisonment for the term of up to 5 years. Article 111. Abetment of suicide. Abetment of suicide, creation of determination in the person to commit suicide by means of instructions, deception, etc., if the person committed suicide or made a suicide attempt, is punished with imprisonment for the term of up to 3 years. |
[55] |
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Legal | Illegal | Illegal | Killing a person on request by such person, or aiding or helping another person to commit suicide is punished with imprisonment of 6 months up to 5 years. | [56] |
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Legal | Illegal | Illegal | Article 125. Bringing to suicide Bringing a person, who is taking place in material, service or other dependence from guilty, to suicide or to attempt at suicide by threats, cruel treatment or regular humiliation of his dignity – shall be punished by restriction of freedom for the term up to three years or imprisonment for the term from three up to seven years. |
[57] |
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Legal | Illegal | Illegal | Article 105. Bringing to Suicide Bringing to suicide or to an attempted suicide through brutal treatment of the sufferer or systematic humiliation of his personal dignity - shall be punishable with the deprivation of freedom for a term of up to three years. The same action committed in relation to a person who has been materially or otherwise dependent on the culprit - shall be punishable with the deprivation of freedom for a term of up to five years. |
[58] |
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Legal | Legal | Legal | Legal since 2002 | |
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Legal | Illegal | Illegal | Unknown | |
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Legal | Illegal | Illegal | Art. 127. (1) Who, in any way whatsoever, helps or prevails upon a suicide and suicide or attempted suicide takes place, shall be punished by imprisonment of up to three years. (2) For the same crime regarding a minor person or a person of whom the culprit is aware that he is in no position to guide his ac ts or he does not understand the quality or the importance of the act the punishment shall be imprisonment of three to ten years. (3) Who, by a cruel treatment or systematic humiliation of the dignity of a person in material or other dependence on him leads him to a suicide or suicide attempt, having expected it, shall be punished by imprisonment of two to eight years. (4) If the act under the preceding para is committed by negligence the punishment shall be imprisonment of up to three years. |
[59] |
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Legal | Illegal | Illegal | Article 96 Participating in Suicide (1) Whoever induces or assists another in committing suicide which is accomplished or attempted shall be punished by imprisonment for six months to five years. (2) Whoever induces or assists a juvenile person in committing suicide, or induces or assists in committing suicide a person whose capability of understanding his own acts and of controlling his own will is significantly diminished, and the suicide is accomplished or attempted shall be punished by imprisonment for one to eight years. (3) Whoever induces or assists a child in committing suicide or whoever induces or assists a person who is not capable of understanding the significance of his act, or could not control his own will so that the suicide is attempted or accomplished, shall be punished pursuant to Article 90 of this Code. (4) Whoever treats a person who is in a state of subordination or dependence in a cruel or inhuman way and thereby negligently causes the suicide of that person shall be punished by imprisonment for three months to three years. |
[60] |
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Illegal | Illegal | Illegal | 214. Attempt to murder. Any person who - (a) attempts unlawfully to cause the death of another ; or (b) with intent unlawfully to cause the death of another does any act, or omits to do any act which it is his duty to do, such act or omission being of such a nature as to be likely to endanger human life, is guilty of a felony, and is liable to imprisonment for life. 288. Abetting suicide. Any person who-- (a) procures another to kill himself; or (b) counsels another to kill himself and thereby induces him to do so ; or (c) aids another in killing himself, is guilty of a felony, and is liable to imprisonment for life. 219. Attempting suicide. Any person who attempts to kill himself is guilty of a misdemeanour. |
[61] |
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Legal | Illegal | Illegal | Section 144 Accessory to Suicide (1) Whoever encourages another person to commit suicide or assists another person in committing suicide, shall be sentenced, if at least an attempted suicide occurred, to imprisonment forup to three years. (2) An offender shall be sentenced of imprisonment for two to eight years, if he/she commits the act referred to in Subsection (1) on a child or a pregnant woman. (3) An offender shall be sentenced of imprisonment for five to twelve years, if he/she commits the act referred to in Subsection (1) on a child under fifteen years of age or on a person suffering from a mental disorder. |
[62] |
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Legal | Illegal | Illegal | § 240 Any person who assists another person in committing suicide shall be liable to a fine or to imprisonment for any term not exceeding three years. |
[63] |
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Legal | Illegal | Illegal | [64] | |
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Legal | Illegal | Illegal | Unknown | |
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Legal | Illegal | Illegal | Unknown | |
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Legal | Illegal | Illegal | Article 115 - Incitement to suicide Incitement to suicide or attempted suicide accompanied with intimidation or cruel treatment of the victim or by degrading of the victim's honour or dignity, – shall be punished by restriction of liberty for up to three years or by imprisonment for a term of two to four years. |
[65] |
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Legal | Legal but the lethal act itself must be committed by the person who wants to commit suicide | Illegal | ||
Legal | Illegal if the lethal act is committed by someone else | Illegal | |||
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Legal | Illegal | Illegal | 158. Suicide pacts. (1) A person who, in pursuance of a suicide pact between him and another person– (a) kills that person; or (b) is party to the killing of that person by a third person, commits the offence of manslaughter and not murder. (2) If it is shown that a person charged with the murder of another killed the other or was a party to his being killed, it is for the defence to prove that the person charged was acting in pursuance of a suicide pact between him and the other. (3) For the purposes of this section, “suicide pact” means a common agreement between two or more persons having for its object the death of all of them, whether or not each is to take his own life, but nothing done by a person who enters into a suicide pact is to be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact. 159. Complicity in suicide. (1) A person (‘D’) commits an offence if– (a) D does an act capable of encouraging or assisting the suicide or attempted suicide of another person; and (b) D’s act was intended to encourage or assist suicide or an attempt at suicide. (2) The person referred to in subsection (1)(a) need not be a specific person (or class of persons) known to, or identified by, D. (3) D may commit an offence under this section whether or not a suicide, or an attempt at suicide, occurs. (4) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for 14 years. (5) If on the trial of an indictment for murder or manslaughter of a person it is proved that the deceased person committed suicide, and the defendant committed an offence under subsection (1) in relation to that suicide, the jury may find the defendant guilty of the offence under subsection (1). (6) If D arranges for a person (‘D2’) to do an act that is capable of encouraging or assisting the suicide or attempted suicide of another person and D2 does that act, D is to be treated for the purposes of this Part as having done it. (7) If the facts are such that an act is not capable of encouraging or assisting suicide or attempted suicide, for the purposes of this section it is to be treated as so capable if the act would have been so capable had the facts been as D believed them to be at the time of the act; or had subsequent events happened in the manner D believed they would happen, or both. (8) A reference in this section to a person doing an act that is capable of encouraging the suicide or attempted suicide of another person includes a reference to his doing so by threatening another person or otherwise putting pressure on another person to commit or attempt suicide. (9) A reference in this section to an act includes a reference to a course of conduct, and a reference to doing an act is to be read accordingly. (10) No prosecution for an offence against this section may be commenced except by, or with the consent of, the Attorney General. |
[66] |
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Legal | Illegal | Illegal | Unknown | |
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Legal | Illegal | Illegal | Section 162 (1) Any person who persuades another to commit suicide, or provides aid for suicide is guilty of a felony punishable by imprisonment between one to five years, if the suicide is attempted or committed. (2) Any person over the age of eighteen years who persuades another person under the age of eighteen years to commit suicide, or provides aid for committing suicide is punishable by imprisonment between two to eight years, if the suicide is attempted orcommitted. |
[67] |
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Legal | Illegal | Illegal | Art. 214 In case a person be conducive to another person’;;s committing suicide he/she shall be subject to [imprisonment for up to 1 year] 1) or fines. In case this be done for a selfish purpose the penalty shall be imprisonment for up to 3 years. |
[68] |
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Legal | Illegal | Illegal | Unknown | |
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Legal | Illegal | Illegal | Unknown | |
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Legal | Illegal | Illegal | Article 183 Inciting suicide and assisting in suicide 1.Whoever incites or assists another person to commit suicide, and the suicide is committed, shall be punished by imprisonment of one (1) to five (5) years. 2. Whoever commits the offense provided for in paragraph 1 of this Article against a minor or a person whose capability to understand the gravity of his or her act or whose ability to control his or her behavior was substantially diminished, shall be punished by imprisonment of one (1) to ten (10) years. 3. Whoever commits the offense provided for in paragraph 1 of this Article against a person under the age of fourteen (14) years or against a person who was incapable of understanding the gravity of his or her act or controlling his or her behavior shall be punished in accordance with Article 178 of this Code. 4. Whoever treats another person in a subordinate position in a cruel or inhumane way and thereby causes such person to commit suicide shall be punished by imprisonment of six (6) months to five (5) years. For the purpose of this paragraph “person in a subordinate position” means a person who is under the supervision, rank, control or custody of the person who acted in a cruel or inhumane way. 5. If, as a result of an offense provided for in paragraphs 1 to 4 of this Article, suicide has only been attempted, the punishment may be reduced. |
[69] |
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Legal | Illegal | Illegal | Section 124. Causing a Suicide to be Committed (1) For a person who commits causing a person to commit suicide or attempt suicide by cruel treatment of the victim or systematic demeaning of his or her personal dignity, if such person has not been in financial or other dependence upon the offender, the applicable sentence is deprivation of liberty for a term not exceeding three years. (2) For a person who commits the same acts with regard to a person who has been in financial or other dependence upon the offender, the applicable sentence is deprivation of liberty for a term not exceeding five years. |
[70] |
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Legal | Illegal | Illegal | Killing somebody on request, or aiding somebody to commit suicide is punished with imprisonment from six months up to five years. | |
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Legal | Illegal | Illegal | Unknown | |
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Legal | Legal | Legal | ||
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Legal | Illegal | Illegal | Article 128 Instigation to suicide and helping in suicide (1) A person who instigates another to suicide or helps him in committing suicide, and this was committed, shall be punished with imprisonment of three months to three years. (2) If the crime from item 1 is committed against a juvenile who reached the age of fourteen or against a person who is in a state of decreased mental competence, the offender shall be punished with imprisonment of one to ten years. (3) If the crime from item 1 is committed against a juvenile who has not reached the age of fourteen years yet, or against a mentally incompetent person, the offender shall be punished according to article 123. (4) A person behaving cruelly or inhumanely towards another who has a subordinate or dependent relationship to him, and if this person commits suicide because of this relationship, which could be attributed to negligence by the offender, shall be punished with imprisonment of six months to five years. (5) If because of the crimes from items 1 to 4 the suicide was only attempted, the court may punish the offender more leniently. |
[71] |
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Legal | Illegal | Illegal | 213. Whosoever shall prevail on any person to commit suicide or shall give him any assistance, shall, if the suicide takes place, be liable, on conviction, to imprisonment for a term not exceeding twelve years. |
[72] |
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Legal | Illegal | Illegal | Unknown | |
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Legal | Illegal | Illegal | Article 149 Incitement to suicide and aid in the commission of suicide (1) Anyone who incites other person to suicide or aid him in committing suicide, and should suicide be committed or attempted, shall be sentenced to one to eight years of imprisonment. (2) Anyone who aids other person in committing suicide subject to conditions referred to in Article 147 of the present Code, and should suicide be committed or attempted, shall be sentenced to three months to five years of imprisonment. (3) Anyone who commits the act referred to in Paragraph 1 of this Article against a juvenile or a person in the state of substantialy diminished mental capacity, shall be sentenced to two to ten years of imprisonment. (4) Should the act referred to in Paragraph 1 of this Article be committed against a child or a mentally incapable person, the perpetrator shall be sentenced in line with provisions of Article 144 of the present Code. (5) Anyone who treats with cruelty or brutality other person subordinate or dependant on him, and should the person in question due to such treatment, commit or attempt suicide that can be attributed to the offender’s negligence, shall be sentenced to six months to five years of impris |
[73] |
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Legal | Legal | Legal | ||
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Legal | Illegal | Illegal | Unknown | |
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Legal | Illegal | Illegal | Article 207. § 1. Whoever mentally or physically mistreats a person close to him, or another person being in a permanent or temporary state of dependence to the perpetrator, a minor or a person who is vulnerable because or his mental or physical condition shall be subject to the penalty of deprivation of liberty for a term of between 3 months and 5 years. § 2. If the act specified in § 1 is compounded with a particular cruelty, the perpetrator shall be subject to the penalty of deprivation of liberty for a term of between 1 and 10 years. § 3. If the consequence of the act specified in § 1 or 2 is a suicide attempt by the injured person on his or her life, the perpetrator shall be subject to the penalty of deprivation of liberty for a term of between 2 and 12 years. |
[74] |
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Legal | Illegal | Illegal | Unknown | |
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Legal | Illegal | Illegal | Unknown | |
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Legal | Illegal | Illegal | Article 110. Incitement to Suicide Incitement of a person to commit or attempt to commit suicide by means of threats, cruel treatment of a person, or systematic denigration of the human dignity of the victim - Shall be punishable by restraint of liberty for a term of up to three years or by deprivation of liberty for a term of up to five years. |
[75] |
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Legal | Illegal | Illegal | Article 119 Incitement to Suicide and Aiding in Suicide (1) Whoever incites another to suicide or aids in committing suicide and this is committed or attempted, shall be punished with imprisonment of from six months to five years. (2) Whoever assists another in committing suicide under provisions of Article 117 hereof, and this is committed or attempted, shall be punished with imprisonment from three months to three years. (3) Whoever commits the act specified in paragraph 1 of this Article against a juvenile or person in a state of substantially diminished mental capacity, shall be punished with imprisonment from two to ten years. (4) If the act specified in paragraph 1 of this Article is committed against a child or mentally incompetent person, the offender shall be punished in accordance with Article 114 hereof. (5) Whoever cruelly or inhumanely treats another who is in a position of subordination or dependency and due to such treatment the person commits or attempts suicide that may be attributed to negligence of the perpetrator, shall be punished with imprisonment from six months to five years. |
[76] |
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Legal | Illegal | Illegal | Section 154 Participating in a Suicide (1) Any person who incites another person to committing suicide, or helps him to commit suicide, shall, if at least a suicide attempt takes place, be liable to a term of imprisonment of between six months and three years. (2) The offender shall be liable to a term of imprisonment of three to eightyears if he commits the offence referred to in paragpraph 1 a) acting in a more serious manner, b) against a protected person, or c) by reason of specific motivation. |
[77] |
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Legal | Illegal | Illegal | Article 120 Solicitation to and Assistance in Suicide (1) Whoever intentionally solicits another person to kill himself or assists him in doing so, resulting in that person indeed committing suicide, shall be sentenced to imprisonment for not less than six months and not more than five years. (2) Whoever commits the offence under the preceding paragraph against a minor above fourteen years of age or against a person whose ability to understand the meaning of his act or to control his conduct was substantially diminished shall be sentenced to imprisonment for not less than one and not more than ten years. (3) In the event of the offence under paragraph 1 of the this Article being committed against a minor under fourteen years of age or against a person who was not capable of understanding the meaning of his act or of controlling his conduct shall be punished according to the prescription for murder. (4) Whoever treats his subordinate or a person depending on him in a cruel or inhumane manner, resulting in this person's suicide, shall be sent enced to imprisonment for not less than six months and not more than five years. (5) Whoever, under particularly mitigating circumstances, assists another person to commit suicide, and if that person indeed commits suicide, shall be sentenced to imprisonment for not more than three years. (6) If, relating to a criminal offence under the above paragraphs, the suicide has only been attempted, the Court may reduce the punishment of the perpetrator. |
[78] |
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Legal | Illegal | Illegal | Article 143 1. Whoever induces another to suicide shall be punished with a sentence of imprisonment from four to eight years. 2. A sentence of imprisonment of two to five years shall be imposed on whoever co-operates in the necessary acts for a person to commit suicide. 3. Punishment shall involve a sentence of imprisonment from six to ten years if such co-operation were to reach the point of death ensuing. 4. Whoever causes or actively co-operates in the necessary, direct acts causing the death of another, at the specific, serious, unequivocal request of that person, in the event of the victim suffering a serious disease that would unavoidably lead to death, or that causes permanent suffering that is hard to bear, shall be punished with a punishment lower by one or two degrees to those described in Sections 2 and 3 of this Article. |
[79] |
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Legal | Legal | Illegal | Unknown | |
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Legal | Legal medical assisted suicide | Illegal | Unknown | [80] |
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Legal | Illegal | Illegal | ARTICLE 84 Suicide (1) Any person who solicits, encourages a person to commit suicide, or supports the decision of a person for suicide or helps the suicide action in any manner whatsoever, is punished with imprisonment from two years to five years. (2) In case of commission of suicide, the person who is involved in such act is sentenced to imprisonment from four years to ten years. (3) Any person who openly encourages others to commit suicide is punished with imprisonment from three years to eight years. (5) Persons who encourage others, lack of ability to understand the meaning and consequences of the executed act, to commit suicide, or force a person to commit suicide under threat, are convicted of felonious homicide. |
[81] |
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Legal | Illegal | Illegal | Unknown | |
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Legal | Illegal | Illegal | Criminal liability for complicity in another’s suicide. [F1(1)A person (“D”) commits an offence if— (a)D does an act capable of encouraging or assisting the suicide or attempted suicide of another person, and (b)D's act was intended to encourage or assist suicide or an attempt at suicide. (1A)The person referred to in subsection (1)(a) need not be a specific person (or class of persons) known to, or identified by, D. (1B)D may commit an offence under this section whether or not a suicide, or an attempt at suicide, occurs. (1C)An offence under this section is triable on indictment and a person convicted of such an offence is liable to imprisonment for a term not exceeding 14 years.] (2)If on the trial of an indictment for murder or manslaughter [F2of a person it is proved that the deceased person committed suicide, and the accused committed an offence under subsection (1) in relation to that suicide, the jury may find the accused guilty of the offence under subsection (1). ] (3)The enactments mentioned in the first column of the First Schedule to this Act shall have effect subject to the amendments provided for in the second column (which preserve in relation to offences under this section the previous operation of those enactments in relation to murder or manslaughter). (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3no proceedings shall be instituted for an offence under this section except by or with the consent of the Director of Public Prosecutions. |
[82] |
Oceania
Country/region | De jure | Penalty | Notes | |||
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Suicide | Assisted suicide | Euthanasia | ||||
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Legal | Illegal | Illegal | 46.3506 Promoting suicide. (a) A person is guilty of promoting suicide when he intentionally causes or aids another person to attempt suicide, or when he intentionally aids another person to commit suicide. (b) Promoting suicide is a class D felony. |
[83] | |
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Legal | Illegal | Illegal | |||
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Legal | Illegal | Illegal | 199.- (1) Any person who of malice aforethought causes the death of another person by an unlawful act or omission is guilty of murder: Provided that it shall be manslaughter, and shall not be murder, for a person acting in pursuance of a suicide pact between him and another to kill the other. (2) Where it is shown that a person charged with the murder of another killed the other, it shall be for the defence to prove that the person charged was acting in pursuance of a suicide pact between him and the other. (3) For the purposes of this section "suicide pact" means a common agreement between two or more persons having for its object the death of all of them, whether or not each is to take his own life, but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact. |
[84] | |
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Legal | Illegal | Illegal | Unknown | ||
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Legal | Illegal | Illegal | Unknown | ||
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Legal | Illegal | Illegal | Unknown | ||
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Legal | Illegal | Illegal | Unknown | ||
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Illegal | Illegal | Illegal | 310. AIDING SUICIDE. A person who– (a) procures another to kill himself; or (b) counsels another to kill himself and so induces him to do so; or (c) aids another in killing himself, is guilty of a crime. Penalty: Subject to Section 19, imprisonment for life. 311. ATTEMPTING TO COMMIT SUICIDE.
A person who attempts to kill himself is guilty of a misdemeanour. Penalty: Imprisonment for a term not exceeding one year.
{{{2}}} |
[85] | |
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | 9. Counselling Suicide Any person who counsels or procures a person to commit suicide, or aids or abets a person in the commission of suicide commits an offence. (Penalty "not exceeding more than $150 fine or 3 months imprisonment") |
[86] | |
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Unknown | Unknown | Unknown | Unknown | ||
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Unknown | Unknown | Unknown | Unknown |
Laws in individual jurisdictions
Australia
In the Australian state of Victoria, while suicide itself is no longer a crime, a survivor of a suicide pact can be charged with manslaughter. Also, it is a crime to counsel, incite, or aid and abet another in attempting to suicide, and the law explicitly allows any person to use "such force as may reasonably be necessary" to prevent another from dying by suicide.
Legislation decriminalising suicide in Australian States and Territories
Jurisdiction | Legislation |
---|---|
Australian Capital Territory | Crimes Act 1990 (ACT) s 16 |
New South Wales | Crimes Act 1990 (NSW) s 31A |
Northern Territory | Criminal Code (NT) s 186 (repealed) |
Queensland | Criminal Code 1899 (Qld) s 312 (repealed by Criminal Law Amendment Act (1979) s 4) |
South Australia | Criminal Law Consolidation Act 1932 (SA) s 13A |
Tasmania | Criminal Code 1924 (Tas) s 163 |
Victoria | Crimes Act 1958 (Vic) s 6A |
Western Australia | Criminal Code 1899 (WA) s 289 (repealed) |
Canada
The common law crimes of attempting suicide and of assisting suicide were codified in Canada when Parliament enacted the Criminal Code in 1892.[87] Eighty years later, in 1972, Parliament repealed the offence of attempting suicide from the Criminal Code based on the argument that a legal deterrent was unnecessary.[88] The prohibition on assisting suicide remained, as s 241 of the Criminal Code:
- Counselling or aiding suicide
- 241. Every one who
- (a) counsels a person to commit suicide, or
- (b) aids or abets a person to commit suicide,
- whether suicide ensues or not, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.[89]
However, the law against assisted suicide, including physician-assisted suicide, was the subject of much debate including two reports of the Law Reform Commission of Canada in 1982 and 1983, though these did not support changing the law.[90]
In 1993, the offence of assisted suicide survived a constitutional challenge in the Supreme Court of Canada, in the case of Rodriguez v. British Columbia (Attorney General). The plaintiff, Sue Rodriguez, had been diagnosed with amyotrophic lateral sclerosis (ALS) in early 1991. She wished to be able to commit suicide at a time of her own choosing, but would require assistance to do so, because her physical condition prevented her from doing so without assistance. By a 5-4 majority, the Court held that the prohibition on assisted suicide did not infringe s 7 of the Canadian Charter of RIghts and Freedoms, which provides constitutional protection for liberty and security of the person. The majority held that while the law did affect those rights, it did so in a manner consistent with the principles of fundamental justice. The majority also held that the prohibition on assisted suicide did not infringe the Charter's prohibition against cruel and unusual treatment or punishment. Assuming the prohibition did discriminate on basis of disability, the majority held that the infringement was a justifiable restriction.[91][92][93]
In 1995 the Senate issued a report on assisted suicide entitled Of Life and Death.[92] In 2011 the Royal Society of Canada published its report on end-of-life decision-making.[94] In the report it recommended that the Criminal Code be modified so as to permit assistance in dying under some circumstances.[95] In 2012 a Select Committee on Dying with Dignity of the Quebec National Assembly produced a report recommending amendments to legislation to recognize medical aid in dying as being an appropriate component of end-of-life care.[96] That report resulted in An Act respecting end-of-life care, which is set to come into force on December 10, 2015.[95][96][97]
On June 15, 2012, in Carter v Canada (AG), the British Columbia Supreme Court ruled that the criminal offence prohibiting physician assistance of suicide was unconstitutional on the grounds that denying people access to assisted suicide in hard cases was contrary to the Charter of Rights and Freedoms guarantee of equality under Section 15.[88][98] This decision was subsequently overturned by the majority of the British Columbia Court of Appeal (2:1) on the basis that the issue had already been decided by the Supreme Court of Canada in the Rodriguez case, invoking stare decisis.
A landmark Supreme Court of Canada decision on February 6, 2015[99] overturned the 1993 Rodriguez decision that had ruled against this method of dying. The unanimous decision in the further appeal of Carter v Canada (AG), stated that a total prohibition of physician-assisted death is unconstitutional.[100] The court’s ruling limits exculpation of physicians engaging physician-assisted death to hard cases of “a competent adult person who clearly consents to the termination of life and has a grievous and irremediable medical condition, including an illness, disease or disability, that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition.” The ruling was suspended for 12 months to allow the Canadian parliament to draft a new, constitutional law to replace the existing one.[101]
Specifically the Supreme Court held that the current legislation was overbroad in that it prohibits "physician‑assisted death for a competent adult person who (1) clearly consents to the termination of life and (2) has a grievous and irremediable medical condition (including an illness, disease or disability) that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition." The court decision includes a requirement that there must be stringent limits that are “scrupulously monitored.” This will require the death certificate to be completed by an independent medical examiner, not the treating physician, to ensure the accuracy of reporting the cause of death.[102]
The newly (November 2015) elected federal government subsequently requested a six-month extension for implementation; the arguments for this request were scheduled to be heard by the Supreme Court in January 2016.[103]
The Canadian Medical Association (CMA) reported that not all doctors would be willing to help a patient die. The belief in late 2015 was that no physician would be forced to do so. The CMA was already offering educational sessions to members as to the process that would be used after the legislation had been implemented.[103]
India
In India, suicide is illegal and a survivor could face a jail term of up to one year and a fine under Section 309 of the Indian Penal Code. The Government of India has announced in 2014 its decision to repeal the law.In Aug, 2016 Indian Rajya shabha passed Mental Health Care bill, which paves way for decriminalising sucide attempt.[104][105]
Iran
The act of suicide has not been criminalized in the penal law of the Islamic Republic of Iran.[106] However, no one is allowed to ask other to kill him/her.[106] In addition, threatening to kill oneself is not an offense by the law, however, if this act of threatening is done by a prisoner in a prison, then that would be considered as violation of the prisons' regulations and the offender may be punished according to penal law.[106]
According to the Act. 836 of the civil law of the Islamic Republic of Iran if a suicidal person prepares for suicide and writes a testament, if he/she dies, then by law the will is considered void and if he/she doesn't die, then the will is officially accepted and can be carried out.[107]
According to the theory of "borrowed crime", because suicide itself is not a crime in penal law, thus any type of assisting in an individual's suicide is not considered a crime and the assistant is not punished.[108] Assisting in suicide is considered a crime only when it becomes the "cause" of the suicidal person's death; for example when someone takes advantage of someone else's unawareness or simplicity and convince him/her to kill him/herself. In such cases assisting in suicide is treated as murder and the offender is punished accordingly.[106][108] In addition, assisting in suicide is considered a crime under section 2 of the Act. 15 of the cyber crimes law of the Islamic Republic of Iran which was legislated on June 15, 2009. According to the mentioned act, any type of encouragement, stimulation, invitation, simplification of access to lethal substances and/or methods and teaching of suicide with the help of computer or any other media network is considered assisting in suicide and thus, is punished by imprisonment from 91 days up to 1 year or fines from 5 to 20 million Iranian Rials or both.[106]
Ireland
Attempted suicide is not a criminal offence in Ireland and, under Irish law, self-harm is not generally seen as a form of attempted suicide. It was decriminalised in 1993.[109] Assisted suicide and euthanasia are, illegal. This is currently being challenged at the High Court, as of December 2012. As of 2014 assisted suicide remains illegal in Ireland.
Malaysia
Under section 309 of the Penal Code of Malaysia, whoever attempts to commit suicide, and does any act towards the commission of such offence, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.[110]
Netherlands
In the Netherlands, being present and giving moral support during someone's suicide is not a crime; neither is supplying general information on suicide techniques. However, it is a crime to participate in the preparation for or execution of a suicide, including supplying lethal means or instruction in their use. (Physician-assisted suicide may be an exception. See Euthanasia in the Netherlands.)
New Zealand
As with many other western societies, New Zealand currently has no laws against suicide in itself, as a personal and unassisted act. However, as with comparable societies, there are still legislative sanctions against 'assisting or abetting' the suicides of others, under Section 179 of the Crimes Act 1961. (For further details, see Euthanasia in New Zealand.)
North Korea
North Korea has a peculiar deterrent for suicides. Although the state cannot punish a dead person, in North Korea, relatives of a criminal (including a suicide victim) might be penalized.
Norway
Suicide or attempted suicide is not illegal in Norway.[111]
Romania
Suicide itself is not illegal in Romania, however encouraging or facilitating the suicide of another person is a criminal offense and is punishable by up to 7, 10 or 20 years in prison, depending on circumstances.[112]
Russian Federation
In Russia, a person whose mental disorder “poses a direct (imminent?) danger to themselves” can be put into a psychiatric hospital.
Inciting someone to suicide by threats, cruel treatment, or systematic humiliation is punishable by up to 5 years in prison. (Article 110 of the Criminal Code of the Russian Federation)
Federal law of Russian Federation no. 139-FZ of 2012-07-28 prescribes censorship of information about methods of suicide on the Internet. According to a website created by the Pirate Party of Russia, some pages with suicide jokes have been blacklisted, which may have led to blocking of an IP address of Wikia.[113][114] See also: Dumb Ways to Die#Censorship in Russia.
Singapore
In Singapore, a person who attempts to commit suicide can be imprisoned for up to one year.[115]
South Africa
South African courts, including the Appellate Division, have ruled that suicide and attempted suicide are not crimes under the Roman-Dutch law, or that if they ever were crimes, they have been abrogated by disuse. Attempted suicide was from 1886 to 1968 a crime in the Transkei under the Transkeian Territories Penal Code.[116]
United Kingdom
England and Wales
Laws against suicide (and attempted suicide) prevailed in English common law until 1961. English law perceived suicide as an immoral, criminal offence against God and also against the Crown.[117] It first became illegal in the 13th century. Until 1822, in fact, the possessions of somebody who committed suicide could even be forfeited to the Crown.[118]
Suicide ceased to be a criminal offence with the passing of the Suicide Act 1961; the same Act made it an offence to assist in a suicide. With respect to civil law the simple act of suicide is lawful but the consequences of committing suicide might turn an individual event into an unlawful act, as in the case of Reeves v Commissioners of Police of the Metropolis [2000] 1 AC 360,[119] where a man in police custody hanged himself and was held equally liable with the police (a cell door defect enabled the hanging) for the loss suffered by his widow; the practical effect was to reduce the police damages liability by 50%. In 2009, the House of Lords ruled that the law concerning the treatment of people who accompanied those who committed assisted suicide was unclear, following Debbie Purdy's case that this lack of clarity was a breach of her human rights. (In her case, as a sufferer from multiple sclerosis, she wanted to know whether her husband would be prosecuted for accompanying her abroad where she may eventually wish to commit assisted suicide, if her illness progressed.)
Scotland
Suicide directly involving only the deceased person is not by itself a criminal offence under Scots Law and has not been in recent history. However, attempting suicide might be a Breach of the peace if it is not done as a private act; this is routinely reported in the case of persons threatening suicide in areas frequented by the public. The Suicide Act 1961 applies only to England and Wales but under Scots Law a person who assists a suicide might be charged with murder, culpable homicide, or no offence depending upon the facts of each case. Despite not being a criminal offence, consequential liability upon the person attempting suicide (or if successful, his/her estate) might arise under civil law where e.g. it parallels the civil liabilities recognised in the (English Law) Reeves case mentioned above.
United States
Historically, various states listed the act of suicide as a felony, but these policies were sparsely enforced. In the late 1960s, eighteen U.S. states had no laws against suicide.[120] By the late 1980s, thirty of the fifty states had no laws against suicide or suicide attempts but every state had laws declaring it to be a felony to aid, advise or encourage another person to commit suicide.[121] By the early 1990s only two states still listed suicide as a crime, and these have since removed that classification. In some U.S. states, suicide is still considered an unwritten "common law crime," as stated in Blackstone's Commentaries. (So held the Virginia Supreme Court in 1992. Wackwitz v. Roy, 418 S.E.2d 861 (Va. 1992)). As a common law crime, suicide can bar recovery for the late suicidal person's family in a lawsuit unless the suicidal person can be proven to have been "of unsound mind." That is, the suicide must be proven to have been an involuntary act of the victim in order for the family to be awarded monetary damages by the court. This can occur when the family of the deceased sues the caregiver (perhaps a jail or hospital) for negligence in failing to provide appropriate care.[122] Some American legal scholars look at the issue as one of personal liberty. According to Nadine Strossen, former President of the ACLU, "The idea of government making determinations about how you end your life, forcing you...could be considered cruel and unusual punishment in certain circumstances, and Justice Stevens in a very interesting opinion in a right-to-die [case] raised the analogy."[123] Physician-assisted suicide is legal in some states.[124] For the terminally ill, it is legal in the state of Oregon under the Oregon Death with Dignity Act. In Washington state, it became legal in 2009, when a law modeled after the Oregon act, the Washington Death with Dignity Act was passed. A patient must be diagnosed as having less than six months to live, be of sound mind, make a request orally and in writing, have it approved by two different doctors, then wait 15 days and make the request again. A doctor may prescribe a lethal dose of a medication but may not administer it.[125]
In California, medical facilities are empowered or required to commit anyone whom they believe to be suicidal for evaluation and treatment.[126]
See also
References
- ↑ Ormerod (ed). Smith and Hogan's Criminal Law. 13 ed. OUP. 2011. p 583. (This source refers to England before the commencement of the Suicide Act 1961).
- ↑ B. Steinbock (2005). "The case for physician assisted suicide: not (yet) proven". Journal of Medical Ethics. 31: 235–241. doi:10.1136/jme.2003.005801.
- ↑ Plato. Laws, Book IX
- ↑ Durkheim, Émile (1897). Suicide. New York: The Free Press (reprint, 1997), 327. ISBN 0-684-83632-7.
- ↑ Also called the Felo de se Act 1823, the Interments (felo de se) Act 1823, the Burials (Felo de se) Act 1823, and the Suicide Act 1823.
- ↑ James Fitzjames Stephen (2014). A History of the Criminal Law of England. Cambridge University Press. ISBN 9781108060745.
- ↑ "Penal Code Article 141." (PDF). Ministério do Interior. Retrieved 2016-08-13.
- ↑ "Penal Code Article 207. & 222." (PDF). Government of Botswana. Retrieved 2016-08-13.
- ↑ "Penal Code Article 275." (PDF). Government of Cameroon. Retrieved 2016-08-13.
- ↑ "Penal Code Article 47." (PDF). Government of Egypt. Retrieved 2016-08-13.
- ↑ "الشروع في الانتحار وفقا للقانون المصرى". Retrieved 2016-08-13.
- ↑ "Penal Code Article 280" (PDF). Government of Eritrea. Retrieved 2016-08-13.
- ↑ "Penal Code Section 57—Abetment of Suicide. Attempted Suicide." (PDF). Government of Southern Sudan. Retrieved 2016-08-13.
- ↑ "Penal Code Article 525" (PDF). Government of South Africa. Retrieved 2016-08-13.
- ↑ "Penal Code Article 213, 214 and 215." (PDF). Government of Southern Sudan. Retrieved 2016-08-13.
- ↑ "Penal Code Article 216 and 217." (PDF). Government of Tanzania. Retrieved 2016-08-13.
- ↑ "Penal Code Article 195, 209 and 210." (PDF). Government of Uganda. Retrieved 2016-08-13.
- ↑ "Penal Code Article 200." (PDF). Government of Zambia. Retrieved 2016-08-13.
- ↑ "Penal Code Article 50." (PDF). Government of Zimbabwe. Retrieved 2016-08-13.
- ↑ "Penal Code Article 158, 159." (PDF). Government of Anguilla. Retrieved 2016-08-13.
- ↑ "Euthanasia and physician-assisted suicide in Argentina and in other countries". Government of Anguilla. Retrieved 2016-08-13.
- ↑ "Penal Code Sec. 294" (PDF). Government of the Bahamas. Retrieved 2016-08-13.
- ↑ "Penal Code Sec. 109" (PDF). Government of Belize. Retrieved 2016-08-13.
- ↑ "Penal Code Sec. 297, 300" (PDF). Government of Bermuda. Retrieved 2016-08-13.
- ↑ "Carter v. Canada (Attorney General)". Government of Canada. Retrieved 2016-08-13.
- ↑ "Penal Code Sec. 187" (PDF). Government of the Cayman Islands. Retrieved 2016-08-13.
- ↑ [bdlaws.minlaw.gov.bd/print_sections_all.php?id=11 "Penal Code Sec. 305, 306 and 309"] Check
|url=
value (help). Government of Bangladesh. Retrieved 2016-08-13. - ↑ "Penal Code Sec. 150 and 151" (PDF). Government of Bhutan. Retrieved 2016-08-13.
- ↑ "Penal Code Sec. 305, 306 and 309" (PDF). Government of Brunei. Retrieved 2016-08-13.
- ↑ "Penal Code Sec. 215" (PDF). Government of Cambodia. Retrieved 2016-08-13.
- ↑ "Hong Kong needs legal clarity on assisted suicide". South China Morning Post. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 345" (PDF). Government of Indonesia. Retrieved 2016-08-13.
- ↑ "Criminal Code". Government of Iran. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 302." (PDF). Government of Israel. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 202." (PDF). Government of Japan. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 339." (PDF). Government of Jordan. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 96 & 102." (PDF). Government of Kazakhstan. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 102 & 103." (PDF). Government of Kyrgyzstan. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 553" (PDF). Government of Lebanon. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 305, 306 and 309" (PDF). Government of Malaysia. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 95" (PDF). Government of Mongolia. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 325". Government of Pakistan. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 253" (PDF). Government of the Philippines. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 305" (PDF). Government of Qatar. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 305, 306 and 309". Government of Singapore. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 252" (PDF). Government of South Korea. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 299" (PDF). Government of Sri Lanka. Retrieved 2016-08-13.
- ↑ "Criminal Code". Government of Taiwan. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 109". Government of Tajikistan. Retrieved 2016-08-13.
- ↑ "Criminal Code Section 292 and 293". Government of Thailand. Retrieved 2016-08-13.
- ↑ "Suicide punishable under UAE law". Gulf News. Retrieved 2016-08-13.
- ↑ "Criminal Code Section 103". Government of Uzbekistan. Retrieved 2016-08-13.
- ↑ "Criminal Code Section 100 and 101" (PDF). Government of Vietnam. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 99" (PDF). Government of Albania. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 110 and 111" (PDF). Government of Armenia. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 77 and 78". Government of Austria. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 125" (PDF). Government of Azerbaijan. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 105" (PDF). Government of Belarus. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 127" (PDF). Government of Bulgaria. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 96" (PDF). Government of Croatia. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 214, 288 and 219" (PDF). Government of Cyprus. Retrieved 2016-08-13.
- ↑ "Criminal Code Section 244" (PDF). Government of the Czech Republic. Retrieved 2016-08-13.
- ↑ "Criminal Code § 240" (PDF). Government of Denmark. Retrieved 2016-08-13.
- ↑ "Criminal Code". Government of Estonia. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 115". Government of Georgia. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 158, 159" (PDF). Government of Gibraltar. Retrieved 2016-08-13.
- ↑ "Criminal Code Section 162" (PDF). Government of Hungary. Retrieved 2016-08-13.
- ↑ "Criminal Code Art. 214". Government of Iceland. Retrieved 2016-08-13.
- ↑ "Criminal Code Art. 183" (PDF). Government of Kosovo. Retrieved 2016-08-13.
- ↑ "Criminal Code Section 124" (PDF). Government of Latvia. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 128". Government of Macedonia. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 213". Government of Malta. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 149" (PDF). Government of Montenegro. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 207" (PDF). Government of Poland. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 110" (PDF). Government of Russia. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 119". Government of Serbia. Retrieved 2016-08-13.
- ↑ "Criminal Code Section 154" (PDF). Government of Slovakia. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 120" (PDF). Government of Slovenia. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 143" (PDF). Government of Spain. Retrieved 2016-08-13.
- ↑ "Criminal Code" (PDF). Government of Switzerland. Retrieved 2016-08-13.
- ↑ "Criminal Code Article 84". Government of Turkey. Retrieved 2016-08-13.
- ↑ "Suicide Act 1961". Government of the United Kingdomb. Retrieved 2016-08-13.
- ↑ "Criminal Code 46.3506". Government of American Samoa. Retrieved 2016-08-13.
- ↑ "Criminal Code 46.3506". Government of Fiji. Retrieved 2016-08-13.
- ↑ "Criminal Code 310, 311" (PDF). Government of Papua New Guinea. Retrieved 2016-08-13.
- ↑ "Crimes, Procedure and Evidence Rules 2003"
- ↑ Criminal Code,1892, SC 1892, c 29, ss 237, 238.
- 1 2 "CanLII - 2012 BCSC 886 (CanLII)". Retrieved 28 July 2015.
- ↑ Criminal Code, RSC 1985, c C-46, s 241, as amended by RSC 1985, c 27 (1st Supp), s 7.
- ↑ Euthanasia, Aiding Suicide and Cessation of Treatment, Report # 20, 1983. Law Reform Commission of Canada
- ↑ "The Canadian Encyclopedia". thecanadianencyclopedia.com. Retrieved 17 January 2014.
- 1 2 "Of Life and Death - Table of Contents". Retrieved 28 July 2015.
- ↑ Rodriguez v. British Columbia (Attorney General), [1993] 3 SCR 519.
- ↑ Royal Society of Canada:End-of-Life Decision Making. 2011
- 1 2 "Carter v. Canada (Attorney General) - SCC Cases (Lexum)". Retrieved 28 July 2015.
- 1 2 "Quebec passes landmark end-of-life-care bill". 5 June 2014. Retrieved 28 July 2015.
- ↑ An Act respecting end-of-life care, SQ 2014, c 2, s 78; CQLR, c. S-32.0001.
- ↑ "Assisted-suicide ban struck down by B.C. court - British Columbia - CBC News". cbc.ca. Retrieved 17 January 2014.
- ↑ Payton, Laura (February 6, 2015). "Supreme Court says yes to doctor-assisted suicide in specific cases". CBC News. CBC/Radio Canada. Retrieved January 2, 2016.
- ↑ no by-line.--> (February 6, 2015). "Supreme Court Judgments". Supreme Court of Canada. SCC/CSC. Retrieved January 2, 2016.
- ↑ Supreme Court rules Canadians have right to doctor-assisted suicide Sean Fine, Globe and Mail 6 Feb. 2015
- ↑ Guichon, Alakija, Doig, Mitchell and Thibeault (December 28, 2015). "Assisted dying: Four problems, one simple solution". Glove and Mail. Toronto, Canada. Retrieved January 2, 2016.
- 1 2 The Canadian Press (December 27, 2015). "Canadian doctors express mixed opinions on assisted dying". CTV News. Bell Media. Retrieved January 2, 2016.
- ↑ "Govt decides to repeal Section 309 from IPC; attempt to suicide no longer a crime". Zee News. December 10, 2014. Retrieved December 10, 2014.
- ↑ "Government decriminalizes attempt to commit suicide, removes section 309". The Times of India. Retrieved 28 July 2015.
- 1 2 3 4 5 "Freewill termination: A look into psychological and legislative aspects of suicide in Iran". magiran.com (in Persian). Retrieved 2016-06-06.
- ↑ "Suicide from the point of view of law". Tabnak News Agency. September 12, 2015. Retrieved June 5, 2016.
- 1 2 Amir Sharifi Khezarati (December 29, 2013). "Suicide in law and fiqh". Ettela'at. Retrieved June 5, 2016.
- ↑ "Criminal Law (Suicide) Act, 1993". Irishstatutebook.ie. 1993-06-09. Retrieved 2014-02-07.
- ↑ "Act 574 Penal Code" (PDF). Attorney General's Chambers Website. Retrieved 3 July 2015.
- ↑ Justis- og politidepartementet: Ot.prp. nr. 22 (2008-2009) Om lov om endringer i straffeloven 20. mai 2005 nr. 28. Chapter 6.5.1, page 183.
- ↑ "Penal Code of Romania, art. 191". Retrieved 5 February 2015.
- ↑ "RUBLACKLIST.NET | РОСКОМСВОБОДА". rublacklist.net. Retrieved 17 January 2014.
- ↑ Пиратская партия России обещает открыть доступ к "неправомерно заблокированным" сайтам из "черного списка" (in Russian). NEWSru.com. 2012-11-02. Retrieved 2013-01-16.
- ↑ Singapore Penal Code (Cap 224, Rev Ed 2008), s 309
- ↑ Milton, John (1996). South African Criminal Law and Procedure: Common-law crimes (3rd ed.). Cape Town: Juta. pp. 353–354. ISBN 978-0-7021-3773-0.
- ↑ SM Canick (1997), Constitutional Aspects of Physician-Assisted Suicide After Lee v. Oregon, Am. JL & Med.
- ↑ Holt, Gerry (2011-08-03). "BBC News - When suicide was illegal". Bbc.co.uk. Retrieved 2014-02-07.
- ↑ "House of Lords - Commissioners of Police for the Metropolis v. Reeves (A.P.) (Joint Administratix of the Estate of Martin Lynch, Deceased)". Parliament.the-stationery-office.co.uk. Retrieved 2014-02-07.
- ↑ Litman, Robert E. (1966–1967), Medical-Legal Aspects of Suicide, 6, Washburn L.J., p. 395
- ↑ ES Shneidman. "Approaches and commonalities of suicide". Suicide and Its Prevention: The Role of Attitude and Imitation. Suicide and its prevention. p. 24. ISBN 9789004086135.
- ↑ On Sound and Unsound Mind: The Role of Suicide in Tort and Insurance Litigation, Journal of the American Academy of Psychiatry and the Law, 2005
- ↑ Interview with Nadine Strossen, David Shankbone, Wikinews, October 30, 2007.
- ↑ "Account Suspended" (PDF). Nightingalealliance.org. Retrieved 2014-02-07.
- ↑ Goldstein, Jacob (March 5, 2009). "Washington's Physician-Assisted Suicide Law Takes Effect". The Wall Street Journal.
- ↑ See California Welfare and Institutions Code section 5150, for example.
External links
- Large Europe majorities for assisted suicide: survey
- Should suicide be legal? - Wikidebate at Wikiversity