Commentary to article 102. Driving to suicide of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Driving a person to suicide or attempted suicide by threats, ill-treatment or systematic humiliation of the victim's human dignity -
is punishable by restriction of liberty for a term of up to three years or imprisonment for the same term.
2. The same act committed against a person who is financially or otherwise dependent on the perpetrator, is punishable by restriction of liberty for a term of up to five years or imprisonment for the same term.
Suicide as such is not one of the problems of criminal law. But driving to suicide is a socially dangerous act, one of the basic human rights is violated — the right to life.
The object of this crime is human life.
The objective side of the crime is expressed mainly in active actions to bring a person to suicide or to an attempt on his life.
The methods of driving to suicide are stipulated by the legislator in the norm of the law. These include: a) threats; b) ill-treatment; c) systematic humiliation of human dignity. If it is established that the victim was financially or otherwise dependent on the perpetrator, the act should be qualified under part 2 of art. 102 of the Criminal Code.
A threat should be understood as a mental impact on the victim, which served as an impetus to suicide (for example, a threat to deprive him of his home, material assistance, means of livelihood, the threat of physical violence and the dissemination of shameful information, etc.).
Ill-treatment is ruthless, rude behavior that causes physical and mental suffering to the victim. It is expressed in causing physical or mental suffering to the victim (beatings, torture, coercion to meaningless work, denial of food, medical care, bullying, etc.). It is important to establish that the ill-treatment of the victim is not isolated and accidental, but is a system of purposeful, ongoing actions of the perpetrator, therefore, it is hardly possible to recognize as convincing the opinion that a single case of ill-treatment provides grounds for bringing a person to criminal responsibility for this crime.
Systematic humiliation of human dignity is a long-term manifestation of humiliating treatment of the victim. It is expressed in the commission of repeated similar actions: insults, mockery, slander, harassment, unreasonable criticism, etc. At the same time, the composition of the crime of driving to suicide is possible only in cases of systematic humiliation of human dignity, a single case of insult does not constitute the composition of this crime. The listed methods of driving a person to suicide are often combined.
An obligatory feature of this crime is the causal relationship between the fact of suicide (attempted murder) and the act of the perpetrator, i.e. it must be established that it was the unlawful actions (inaction) of the person that served as the immediate cause that pushed the victim to suicide. If the victim committed suicide for other reasons, criminal liability under Article 102 of the Criminal Code is excluded. Thus, the lawful imprisonment of a person who has committed a crime, or the refusal to marry, which led to the suicide of the victim, do not form part of the crime in question.
102 of the Criminal Code, not only when the victim committed suicide, but also when there was an attempted suicide (an attempt to take his own life). Moreover, it is necessary to establish that this attempt was real, and not with the aim of scaring anyone or achieving a goal. Thus, the composition of the type of crime in question is formal.
In order to be held accountable under the article of the Criminal Code in question, it is necessary to establish that the victim, taking his own life, acted intentionally. If he caused his own death by negligence, there will be no corpus delicti in question.
It is also required to establish that the perpetrator did not commit acts that could cause death to the victim. For example, if a victim, fleeing from rape, jumped out of a third-floor window and crashed, then the perpetrator should be prosecuted for attempted rape, which negligently resulted in the death of the victim (if it is established that she did not intend to commit suicide, but wanted to escape from the persecution of the perpetrator). It is considered completed in cases where, as a result of the actions of the perpetrator, murder or an attempt on his life followed.
The subjective side of suicide is characterized by indirect intent. If this crime is committed with direct intent, the perpetrator's action should be qualified as premeditated murder under the relevant part of art. 96 of the Criminal Code of the Republic of Kazakhstan.
A subject is a sane individual who has reached the age of 16, as well as a person on whom the victim was in official, material or other dependence, as well as any other person. If the suicide was committed by an official, his actions are qualified as a set of crimes provided for in Articles 102 and Part 4 of Article 308 of the Criminal Code (Abuse of official authority entailing grave consequences).
Part 2 provides for the qualified composition of driving to suicide — finding the victim financially or otherwise dependent on the perpetrator. Driving a victim to suicide due to material or other dependence on the perpetrator is recognized as a more socially dangerous act and provides for more severe penalties. The victims in this case are dependent persons, foster non-working spouses, debtors and others.
Driving to suicide or attempting to commit suicide by committing acts that constitute an independent crime (torture, infliction of serious or other harm to health, unlawful imprisonment, rape, extortion, etc.) requires qualification according to the totality of these crimes and according to art. 102 of the Criminal Code of the Republic of Kazakhstan.
Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.
Date of amendment of the act: 08/02/2007 Date of adoption of the act: 08/02/2007 Place of acceptance: NO Authority that adopted the act: 180000000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 167 Status of the act: new Sphere of legal relations: 028000000000 Report form: COMM Legal force: 1900 Language of the Act: rus
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