Suicide legislation

Suicide has historically been treated as a criminal matter in many parts of the world.

Whilst it is technically true that a person who has successfully committed suicide is beyond the reach of the law, there could still be legal consequences in the cases of treatment of the corpse or the fate of the person's property or family members. The associated matters of assisting a suicide and attempting suicide have also been dealt with by the laws of some jurisdictions.

Historically laws against suicide and mercy killing have developed from religious doctrine, for example, the claim that only God has the right to determine when a person will die.

History

In ancient Athens, a person who had committed suicide (without the approval of the state) was denied the honours of a normal burial. The person would be buried alone, on the outskirts of the city, without a headstone or marker. A criminal ordinance issued by Louis XIV in 1670 was far more severe in its punishment: the dead person's body was drawn through the streets, face down, and then hung or thrown on a garbage heap. Additionally, all of the person's property was confiscated. By contrast, soldiers who had been defeated were expected to commit suicide in Ancient Rome and Feudal Japan.

Even in modern times, legal penalties for committing suicide have not been uncommon. By 1879, English law had begun to distinguish between suicide and homicide, though suicide still resulted in forfeiture of estate. Also, the deceased were permitted daylight burial in 1882.^{[citation needed]}

Assisted suicide

Main article: Assisted suicide

In many jurisdictions it is a crime to assist others, directly or indirectly, in taking their own lives. In some jurisdictions, it is also illegal to encourage them to do so. Sometimes an exception applies for physician assisted suicide (PAS), under strict conditions.

Laws in individual jurisdictions

Australia (Victoria)

In the Australian state of Victoria, while suicide itself is no longer a crime, a survivor of a suicide pact can be charged with manslaughter. Also, it is a crime to counsel, incite, or aid and abet another in attempting to commit suicide, and the law explicitly allows any person to use "such force as may reasonably be necessary" to prevent another from committing suicide.

England and Wales

See also: Felo de se

Laws against suicide (and attempted suicide) prevailed in English common law until 1961. English law perceived suicide as an immoral, criminal offence against God and also against the King. It first became illegal in the 13th century. Until 1822, in fact, the possessions of somebody who committed suicide could even be forfeited to the Crown.

Suicide ceased to be an offence with the passing of the Suicide Act 1961; the same Act makes it an offence to assist in a suicide. Whilst the act of suicide is lawful, the consequences of committing suicide might turn an individual event into an unlawful act, as in the case of Reeves v Commissioners of Police of the Metropolis [2000] 1 AC 360, where a man in police custody hanged himself and was held equally liable with the police (a cell door defect enabled the hanging) for the loss suffered by his widow; the practical effect was to reduce the police damages liability by 50%. In 2009, the House of Lords ruled that the law concerning the treatment of people who accompanied those who committed assisted suicide was unclear, following Debbie Purdy's case that this lack of clarity was a breach of her human rights. (In her case, as a sufferer from multiple sclerosis, she wanted to know whether her husband would be prosecuted for accompanying her abroad where she may eventually wish to commit assisted suicide, if her illness progressed.) As a result, this law is expected to be revised.

India

In India, attempted suicide is an offence punishable under Section 309 of the Indian Penal Code. Section 309 reads thus: Attempt to commit suicide. “Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple imprisonment for a term which may extend to one year or with fine, or with both.”

A Division Bench of the Supreme Court of India in P. Rathinam v. Union of India (AIR 1994 SC 1844) held that the right to live of which Article 21 speaks of can be said to bring in its trail the right not to live a forced life, and therefore, section 309 violates Article 21. This decision was, however, subsequently overruled in Gian Kaur v. State of Punjab (AIR 1996 SC 946) by a Constitution Bench of the Supreme Court, holding that Article 21 could not be construed to include within it the ‘right to die’ as a part of the fundamental right guaranteed therein; therefore, it was ruled that it could not be validly stated that section 309 is violative of Article 21.

In 2008 the Law Commission of India submitted a review to the government to repeal section 309. The Law Commission said "The Supreme Court in Gian Kaur focused on constitutionality of section 309. It did not go into the wisdom of retaining or continuing the same in the statute." The Commission has resolved to recommend to the Government to initiate steps for repeal of the anachronistic law contained in section 309, IPC, which would relieve the distressed of his suffering. In India, suicide is above "world-rate".

Ireland

Attempted suicide is not a criminal offence in Ireland and under Irish law self-harm is not generally seen as a form of attempted suicide. Assisted suicide and euthanasia are, however, illegal.

Netherlands

In the Netherlands, being present and giving moral support during someone's suicide is not a crime; neither is supplying general information on suicide techniques. However, it is a crime to participate in the preparation for or execution of a suicide, including supplying lethal means or instruction in their use. (Physician-assisted suicide may be an exception. See Euthanasia in the Netherlands.)

North Korea

North Korea has a peculiar deterrent for suicides. Although law cannot punish a dead person, in North Korea relatives of a criminal (including a suicide victim) might be penalized, as a form of collective punishment.

Russian Federation

In Russia, inciting someone to suicide by threats, cruel treatment, or systematic humiliation is punishable by up to 5 years in prison. (Article 110 of the Criminal Code of the Russian Federation)

Scotland

There was no legislation on this topic until 1961 when the Suicide Act was passed. Suicide is not currently an offence under Scots Law. However, the offence of attempting suicide is a Breach of the peace. A person who assists a suicide might be charged with murder, culpable homicide, or no offense depending upon the facts of each case.

Singapore

In Singapore, a person who attempts to commit suicide can be imprisoned for up to one year.

United States

Historically, various states listed the act of suicide as a felony, but these policies were sparsely enforced. In the late 1960s, eighteen U.S. states lacked laws against suicide. By the late 1980s, thirty of the fifty states had no laws against suicide or suicide attempts but every state had laws declaring it to be felony to aid, advise or encourage another person to commit suicide. By the early 1990s only two states still listed suicide as a crime, and these have since removed that classification.^{[citation needed]} In some U.S. states, suicide is still considered an unwritten "common law crime," as stated in Blackstone's Commentaries. (So held the Virginia Supreme Court in Wackwitz v. Roy in 1992.)^{[citation needed]} As a common law crime, suicide can bar recovery for the late suicidal person's family in a lawsuit unless the suicidal person can be proven to have been "of unsound mind." That is, the suicide must be proven to have been an involuntary act of the victim in order for the family to be awarded monetary damages by the court. This can occur when the family of the deceased sues the caregiver (perhaps a jail or hospital) for negligence in failing to provide appropriate care. Some American legal scholars look at the issue as one of personal liberty. According to Nadine Strossen, former President of the ACLU, "The idea of government making determinations about how you end your life, forcing you...could be considered cruel and unusual punishment in certain circumstances, and Justice Stevens in a very interesting opinion in a right-to-die [case] raised the analogy."

Physician-assisted suicide is legal in some states. For the terminally ill, it is legal in the state of Oregon under the Oregon Death with Dignity Act. In Washington state, it became legal in 2009, when a law modeled after the Oregon act, the Washington Death with Dignity Act was passed. A patient must be diagnosed as having less than six months to live, be of sound mind, make a request orally and in writing, have it approved by two different doctors, then wait 15 days and make the request again. A doctor may prescribe a lethal dose but may not administer it.

In many jurisdictions, medical facilities are empowered or required to commit anyone whom they believe to be suicidal for evaluation and treatment. See Code 5150 for example.