Dziecko jako ofiara namowy do targnięcia się na własne życie – uwagi na tle art. 151 k.k.
A child as a victim of incitement to attempt on his own life – comments in the context of Article 151 of the Criminal Code

Summary/Abstract: The aim of the article is to answer the question whether in the case of inciting a child to a suicidal act he or she is a victim of a crime involving incitement to attempt on one’s own life (Article 151 of the Criminal Code) or rather a tool in the hands of the perpetrator and a murder victim (Article 148(1) of the Criminal Code). First, the article describes the general characteristics of the prohibited act specified in Article 151 of the Criminal Code, i.e. its subject, object, subjective and objective side. Particular attention is given to the trait of “incitement”. The authors wonder whether it should be understood narrowly (only as incitement with the use of words) or perhaps broadly (identifying it with abetting, which characterizes instigation). The authors point out that they are more convinced by the latter view. It is also noticed—in line with the majority view presented in the literature—that it is only possible to incite someone to make an attempt on his life if they understand the meaning of a suicidal act. This is followed by a discussion of the dispute on the issues in question in the scholarly circles. Some authors raise that in the case of inciting a child who cannot recognize the meaning of his own act to take his own life, we should in fact talk about murder. In this case, the child is both a victim and a tool in the hands of the perpetrator. Others, in turn, argue that the behaviour of the perpetrator who incites such a child to commit a suicidal act must be classified as a crime specified in Article 151 of the Criminal Code. The authors find the first view more convincing and thus present arguments in its favour and discuss relevant scholarly writings and commentary. They also assess whether it is possible to set a specific age limit up to which it will be possible to classify the crime in question as incitement to make an attempt on one’s own life, reaching the conclusion that such a limit should not be set, because human development cannot be strictly identified with one’s age. Finally, the authors express an opinion that the provision of Article 151 of the Criminal Code must be amended, because its current wording raises numerous interpretation doubts. An analysis of the law in force is used to formulate these conclusions.

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