煽动自杀的罪犯

Ірина Анатоліївна Копйова
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摘要

分析了煽动自杀犯罪的客观特征和主观特征。笔者确定了煽动自杀或企图自杀行为的内容,并确定了其终结时间。事实证明,残忍对待人、敲诈勒索、有系统地贬低人的尊严或有系统地非法约束其实施违背其意志的行为,其目的是为了萌发受害者的自杀意图,这些行为与教唆自杀的区别首先在于,这些行为不是通过不公开的自杀思想交流来确定的。作者认为,其他有助于自杀的行为是在自杀意图已经产生之后,为实现自杀意图提供任何帮助的行为。煽动自杀和其他导致自杀的行为,由于超出个人意志的原因而没有导致自杀或企图自杀,应被视为企图暗杀或煽动自杀。如果确定残忍对待人、敲诈勒索、有计划地贬低人的尊严或有计划地非法强迫其从事违背其意志的行为,其目的是使受害人产生自杀或企图自杀的意图,而受害人没有自杀行为,则该行为的实施应视为企图暗杀或煽动自杀。如果犯罪行为人残忍对待人、敲诈勒索、有计划地贬低人的尊严或有计划地非法强迫作出违背其意愿的行为,其目的并非使受害人产生自杀或企图自杀的意图,则只有在造成自杀或企图自杀的后果时,才承认犯下这种行为的人是煽动自杀的犯罪行为人。前提是这种后果被视为间接意图。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Cо-perpetrators of incitement to suicide
The objective and subjective characteristics of cо-perpetration of incitement to suicide is analyzed. The author determined the content of acts that are methods of incitement to suicide or attempting to suicide has been as well as established their terminal time. It is substantiated that the cruel treatment of person, black-mail, systematic abasement of human dignity or systematic illicit constraint to commitment acts that adverse his volition, with purpose to germinate victim's intention to commit suicide, differ from the instigation to suicide first of all in that this acts are not identified by uncovered communication of idea to commit suicide. The author recognized the other actions that contributing to the commission of suicide as provision of any help in the realization of person's intention to commit suicide that is after this intention has already arisen. The instigation to suicide and the other actions that contributing to the commission of suicide which from reasons beyond the person's volition didn't lead to suicide or attempted suicide should be considered as attempted assassination of incitement to suicide. If it is established that the cruel treatment of person, blackmail, systematic abasement of human dignity or systematic illicit constraint to commitment acts that adverse his volition, is committed with purpose to germinate victim's intention to commit suicide or attempted suicide, when in case of if the victim doesn't commit an act of suicide, the commission of this act should be considered as attempted assassination of incitement to suicide. If the cruel treatment of person, blackmail, systematic abasement of human dignity or systematic illicit constraint to commitment acts that ad-verse his volition, is committed by cо-perpetrators without purpose to germinate victim's intention to commit suicide or attempted suicide, then the persons who committed such acts are recognized as cо-perpetrators of incitement to suicide only if there has been consequence in the form of suicide or attempted suicide, and provided that such a consequence is treated with indirect intent.
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