ПРОБЛЕМНІ ПИТАННЯ КРИМІНАЛЬНОЇ ВІДПОВІДАЛЬНОСТІ ЗА ДОВЕДЕННЯ ДО САМОГУБСТВА (ст. 120 КК УКРАЇНИ)
ISSUES OF CONCERN IN THE AREA OF THE CRIMINAL LIABILITY FOR INCITEMENT TO SUICIDE (ARTICLE 120 OF THE CRIMINAL CODE OF UKRAINE)

Summary/Abstract: The article is dedicated to ascertaining issues of concern in the area of the criminal liability for incitement to suicide (Article 120 of the CCU). The authors have proven that Article 120 of the CCU “Incitement to Suicide” plays the important role in tackling the above-mentioned unlawful actions. Clarity and readability of provisions of this Article influence effectiveness of applying the criminal law. Having taken into account contemporary juridical literature, the authors analyse the content of the latest legislative novelties regarding elements of this criminal offense, consider contradictory issues concerned with qualification of incitement to suicide and distinguishing it from overlapping crimes, and make recommendations for further enhancement of the criminal liability for incitement to suicide relevant to contemporary issues. The authors have indicated the content of new elements of the criminal offense regarding incitement to suicide. Article 120 of the CCU was amended by the Law of Ukraine No. 2292-VШ of 08 February 2018, which enshrines these new elements, namely “systematic unlawful coercion to actions contradicting the will of a victim”, “inducement to suicide”, “other acts abetting suicide”, etc. The authors have disclosed a number of problems related to preventing children suicides and analysed tendencies of the contemporary court practice concerning the qualification of incitement to suicide or attempted suicide.

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