A Crime of Suicide?
According to this website http://www.merriam-webster.com/dictionary/suicide, suicide is defined as the act or an instance of taking one's own life
voluntarily and intentionally especially by a person of years of
discretion and of sound mind.
Based on the said definition suicide is an intentional act of the person himself. He/She is also aware of the consequence of his/her act. Thus, it is discretion on the part of the victim to commit it.
Is it penalized under our laws or criminal laws to be specific to commit suicide?
Under the latin maxim nullum crimen, nulla poena sine lege or there is no crime when there is no law punishing it. It is not a crime to commit suicide because there is no law punishing it.
Of course, it is absurd to penalize it considering that the victim might have died already. Hence, no more person who have burdened the effect of committing it.
But what if the victim may have lived despite committing suicide? Would he/she be liable for the offense?
He/She is still not liable for any crime because there is no law punishing it. Thus, regardless, whether or not the act of suicide may have been consummated, or frustrated, or attempted, there is no crime committed.
However, if a person gives assistance to suicide would be another story.
It is provided by the Revised Penal Code of the Philippines in Article 253:
"Giving Assistance to Suicide - Any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such person lends 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."
The person who commits suicide is not liable criminally but the person giving assistance another to commit suicide is, on the other hand, criminally liable.
It does not matter whether or not the suicide may have been done. What makes him/her criminally liable is the act of providing assistance to another person in committing suicide.
Comments
Post a Comment