Suicide legislation

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Suicide is a crime in some parts of the world.[1] However, while suicide has been decriminalized in some western countries, the act is still stigmatized and discouraged. In other contexts, such as ancient Rome or medieval Japan, suicide was seen as a defiant act of extreme personal freedom against perceived or actual tyrants.

While a person who has completed suicide is beyond the reach of the law, there can 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. Some countries criminalise failed suicide attempts.

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.[2]

History[edit]

In ancient Athens, a person who had died by 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.[3] 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.[4]

The 'Burial of Suicide Act' of 1823 abolished the legal requirement in England of burying suicides at crossroads.[5][6]

Even in modern times, legal penalties for the act of 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[edit]

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 (table)[edit]

Africa[edit]

Country/region De jure Penalty Notes
Suicide Assisted suicide Euthanasia
 Algeria Unknown Unknown Unknown Unknown
 Angola Legal Illegal Illegal [7]
 Botswana Legal Illegal Illegal [8]
 Burundi Unknown Unknown Unknown Unknown
 Cameroon Legal Illegal Illegal [9]
 Cape Verde Unknown Unknown Unknown Unknown
 Central African Republic Unknown Unknown Unknown Unknown
 Comoros Unknown Unknown Unknown Unknown
 Egypt Legal Illegal Illegal [10][11]
 Equatorial Guinea Unknown Unknown Unknown Unknown
 Eritrea Legal Illegal Illegal [12]
 Ethiopia Unknown Unknown Unknown Unknown
 Gabon Unknown Unknown Unknown Unknown
 Gambia Unknown Unknown Unknown Unknown
 Ghana Illegal Illegal Illegal [13]
 Guinea-Bissau Unknown Unknown Unknown Unknown
 Kenya Illegal Illegal Illegal
 Lesotho Unknown Unknown Unknown Unknown
 Libya Unknown Unknown Unknown Unknown
 Malawi Unknown Unknown Unknown Unknown
 Mauritius Unknown Unknown Unknown Unknown
 Morocco Unknown Unknown Unknown Unknown
 Mozambique Unknown Unknown Unknown Unknown
 Namibia Unknown Unknown Unknown Unknown
 Niger Unknown Unknown Unknown Unknown
 Nigeria Unknown Unknown Unknown Unknown
 Republic of the Congo Unknown Unknown Unknown Unknown
 Rwanda Unknown Unknown Unknown Unknown
 Senegal Unknown Unknown Unknown Unknown
 Seychelles Unknown Unknown Unknown Unknown
 Somalia Unknown Unknown Unknown Unknown
 South Africa Legal Illegal Illegal [14]
 South Sudan Illegal Illegal Illegal [15]
 Sudan Unknown Unknown Unknown Unknown
 Swaziland Unknown Unknown Unknown Unknown
 Tanzania Illegal Illegal Illegal [16]
 Togo Unknown Unknown Unknown Unknown
 Tunisia Unknown Unknown Unknown Unknown
 Uganda Illegal Illegal Illegal [17]
 Western Sahara Unknown Unknown Unknown Unknown
 Zambia Legal Illegal Illegal [18]
 Zimbabwe Legal Illegal Illegal [19]

Americas[edit]

Country/region De jure Penalty Notes
Suicide Assisted suicide Euthanasia
 Anguilla Legal Illegal Illegal [20]
 Antigua and Barbuda Legal Illegal Illegal
 Argentina Legal Illegal Illegal [21]
 Bahamas Illegal Illegal Illegal [22]
 Barbados Unknown Unknown Unknown Unknown
 Belize Legal Illegal Illegal [23]
 Bermuda Legal Illegal Illegal [24]
 Bolivia Unknown Unknown Unknown Unknown
 Brazil Unknown Unknown Unknown Unknown
 British Virgin Islands Unknown Unknown Unknown Unknown
 Canada Legal Legal medical assisted suicide Illegal Euthanasia in Canada [25]
 Cayman Islands Legal Illegal Illegal [26]
 Chile Unknown Unknown Unknown Unknown
 Colombia Unknown Unknown Unknown Unknown
 Costa Rica Unknown Unknown Unknown Unknown
 Cuba Unknown Unknown Unknown Unknown
 Dominican Republic Unknown Unknown Unknown Unknown
 Ecuador Unknown Unknown Unknown Unknown
 El Salvador Unknown Unknown Unknown Unknown
 Falkland Islands Unknown Unknown Unknown Unknown
 Grenada Unknown Unknown Unknown Unknown
 Guatemala Unknown Unknown Unknown Unknown
 Guyana Unknown Unknown Unknown Unknown
 Haiti Unknown Unknown Unknown Unknown
 Honduras Unknown Unknown Unknown Unknown
 Jamaica Unknown Unknown Unknown Unknown
 Mexico Unknown Unknown Unknown Unknown
 Nicaragua Unknown Unknown Unknown Unknown
 Panama Unknown Unknown Unknown Unknown
 Paraguay Unknown Unknown Unknown Unknown
 Peru Unknown Unknown Unknown Unknown
 Puerto Rico Unknown Unknown Unknown Unknown
 Trinidad and Tobago Unknown Unknown Unknown Unknown
 Turks and Caicos Islands Unknown Unknown Unknown Unknown
 United States
(50 states and integral territories)
Legal Illegal Illegal Unknown
Legal Legal medical assisted suicide in California, Oregon, Vermont, and Washington Illegal Unknown
 United States Virgin Islands Unknown Unknown Unknown Unknown
 Uruguay Unknown Unknown Unknown Unknown
 Venezuela Unknown Unknown Unknown Unknown

Asia[edit]

Country/region De jure Penalty Notes
Suicide Assisted suicide Euthanasia
 Afghanistan Unknown Unknown Unknown Unknown
 Bangladesh Illegal Illegal Illegal [27]
 Bhutan Legal Illegal Illegal [28]
 Brunei Illegal Illegal Illegal [29]
 Cambodia Legal Illegal Illegal Unknown [30]
 China Legal Illegal Illegal Suicide in China
 Hong Kong Legal Illegal Illegal Legal since 1967 [31]
 India Illegal Illegal Illegal
 Indonesia Legal Illegal Illegal [32]
 Iran Legal Illegal Illegal [33]
 Iraq Unknown Unknown Unknown Unknown
 Israel Legal Illegal Illegal [34]
 Japan Legal Illegal Illegal [35]
 Jordan Illegal Illegal Illegal [36]
 Kazakhstan Legal Illegal Illegal [37]
 Kuwait Unknown Unknown Unknown Unknown
 Kyrgyzstan Legal Illegal Illegal [38]
 Lebanon Illegal Illegal Illegal Penalty for an attempted suicide: 3 months up to 5 years imprisonment. [39]
 Macau Unknown Unknown Unknown Unknown
 Malaysia Illegal Illegal Illegal [40]
 Maldives Unknown Unknown Unknown Unknown
 Mongolia Legal Illegal Illegal [41]
   Nepal Unknown Unknown Unknown Unknown
 North Korea Illegal Illegal Illegal Unknown
 Oman Illegal Illegal Illegal Unknown
 Pakistan Illegal Illegal Illegal [42]
 Palestine Unknown Unknown Unknown Unknown
 Philippines Legal Illegal Illegal [43]
 Qatar Legal Illegal Illegal [44]
 Saudi Arabia Illegal Illegal Illegal Unknown
 Singapore Illegal Illegal Illegal [45]
 South Korea Legal Illegal Illegal [46]
 Sri Lanka Legal Illegal Illegal [47]
 Syria Illegal Illegal Illegal Unknown
 Taiwan Legal Illegal Illegal Unknown [48]
 Tajikistan Legal Illegal Illegal [49]
 Thailand Legal Illegal Illegal [50]
 Turkmenistan Unknown Unknown Unknown Unknown
 United Arab Emirates Illegal Illegal Illegal Unknown [51]
 Uzbekistan Legal Illegal Illegal [52]
 Vietnam Legal Illegal Illegal [53]
 Yemen Illegal Illegal Illegal Unknown

Europe[edit]

Country/region De jure Penalty Notes
Suicide Assisted suicide Euthanasia
 Albania Legal Illegal Illegal [54]
 Armenia Legal Illegal Illegal [55]
 Austria Legal Illegal Illegal Killing a person on request by such person, or aiding or helping another person to commit suicide is punished with imprisonment of 6 months up to 5 years. [56]
 Azerbaijan Legal Illegal Illegal [57]
 Belarus Legal Illegal Illegal [58]
 Belgium Legal Legal Legal Legal since 2002
 Bosnia and Herzegovina Legal Illegal Illegal Unknown
 Bulgaria Legal Illegal Illegal [59]
 Croatia Legal Illegal Illegal [60]
 Cyprus Illegal Illegal Illegal [61]
 Czech Republic Legal Illegal Illegal [62]
 Denmark Legal Illegal Illegal [63]
 Estonia Legal Illegal Illegal [64]
 Finland Legal Illegal Illegal Unknown
 France Legal Illegal Illegal Unknown
 Georgia Legal Illegal Illegal [65]
 Germany Legal Legal but the lethal act itself must be committed by the person who wants to commit suicide Illegal
Legal Illegal if the lethal act is committed by someone else Illegal
 Gibraltar Legal Illegal Illegal [66]
 Greece Legal Illegal Illegal Unknown
 Hungary Legal Illegal Illegal [67]
 Iceland Legal Illegal Illegal [68]
 Ireland Legal Illegal Illegal Unknown
 Italy Legal Illegal Illegal Unknown
 Kosovo Legal Illegal Illegal [69]
 Latvia Legal Illegal Illegal [70]
 Liechtenstein Legal Illegal Illegal Killing somebody on request, or aiding somebody to commit suicide is punished with imprisonment from six months up to five years.
 Lithuania Legal Illegal Illegal Unknown
 Luxembourg Legal Legal Legal
 Macedonia Legal Illegal Illegal [71]
 Malta Legal Illegal Illegal [72]
 Moldova Legal Illegal Illegal Unknown
 Montenegro Legal Illegal Illegal [73]
 Netherlands Legal Legal Legal
 Norway Legal Illegal Illegal Unknown
 Poland Legal Illegal Illegal [74]
 Portugal Legal Illegal Illegal Unknown
 Romania Legal Illegal Illegal Unknown
 Russia Legal Illegal Illegal [75]
 Serbia Legal Illegal Illegal [76]
 Slovakia Legal Illegal Illegal [77]
 Slovenia Legal Illegal Illegal [78]
 Spain Legal Illegal Illegal [79]
 Sweden Legal Illegal Illegal Unknown
  Switzerland Legal Legal medical assisted suicide Illegal Unknown [80]
 Turkey Legal Illegal Illegal [81]
 Ukraine Legal Illegal Illegal Unknown
 United Kingdom Legal Illegal Illegal [82]

Oceania[edit]

Country/region De jure Penalty Notes
Suicide Assisted suicide Euthanasia
 American Samoa Legal Illegal Illegal [83]
 Australia Legal Illegal Illegal
 Fiji Legal Illegal Illegal [84]
 Guam Legal Illegal Illegal Unknown
 New Zealand Legal Illegal Illegal Unknown
 Northern Mariana Islands Legal Illegal Illegal Unknown
 Palau Legal Illegal Illegal Unknown
 Papua New Guinea Illegal Illegal Illegal [85]
 Samoa Unknown Unknown Unknown Unknown
 Solomon Islands Unknown Unknown Unknown Unknown
 Tokelau Unknown Unknown Unknown [86]
 Tonga Unknown Unknown Unknown Unknown
 Vanuatu Unknown Unknown Unknown Unknown

Laws in individual jurisdictions[edit]

Australia[edit]

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 suicide, and the law explicitly allows any person to use "such force as may reasonably be necessary" to prevent another from dying by suicide.

Legislation decriminalising suicide in Australian States and Territories[edit]

Jurisdiction Legislation
Australian Capital Territory Crimes Act 1990 (ACT) s 16
New South Wales Crimes Act 1990 (NSW) s 31A
Northern Territory Criminal Code (NT) s 186 (repealed)
Queensland Criminal Code 1899 (Qld) s 312 (repealed by Criminal Law Amendment Act (1979) s 4)
South Australia Criminal Law Consolidation Act 1932 (SA) s 13A
Tasmania Criminal Code 1924 (Tas) s 163
Victoria Crimes Act 1958 (Vic) s 6A
Western Australia Criminal Code 1899 (WA) s 289 (repealed)

Canada[edit]

The common law crimes of attempting suicide and of assisting suicide were codified in Canada when Parliament enacted the Criminal Code in 1892.[87] Eighty years later, in 1972, Parliament repealed the offence of attempting suicide from the Criminal Code based on the argument that a legal deterrent was unnecessary.[88] The prohibition on assisting suicide remained, as s 241 of the Criminal Code:

Counselling or aiding suicide
241. Every one who
(a) counsels a person to commit suicide, or
(b) aids or abets a person to commit suicide,
whether suicide ensues or not, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.[89]

However, the law against assisted suicide, including physician-assisted suicide, was the subject of much debate including two reports of the Law Reform Commission of Canada in 1982 and 1983, though these did not support changing the law.[90]

In 1993, the offence of assisted suicide survived a constitutional challenge in the Supreme Court of Canada, in the case of Rodriguez v. British Columbia (Attorney General). The plaintiff, Sue Rodriguez, had been diagnosed with amyotrophic lateral sclerosis (ALS) in early 1991. She wished to be able to commit suicide at a time of her own choosing, but would require assistance to do so, because her physical condition prevented her from doing so without assistance. By a 5-4 majority, the Court held that the prohibition on assisted suicide did not infringe s 7 of the Canadian Charter of RIghts and Freedoms, which provides constitutional protection for liberty and security of the person. The majority held that while the law did affect those rights, it did so in a manner consistent with the principles of fundamental justice. The majority also held that the prohibition on assisted suicide did not infringe the Charter's prohibition against cruel and unusual treatment or punishment. Assuming the prohibition did discriminate on basis of disability, the majority held that the infringement was a justifiable restriction.[91][92][93]

In 1995 the Senate issued a report on assisted suicide entitled Of Life and Death.[92] In 2011 the Royal Society of Canada published its report on end-of-life decision-making.[94] In the report it recommended that the Criminal Code be modified so as to permit assistance in dying under some circumstances.[95] In 2012 a Select Committee on Dying with Dignity of the Quebec National Assembly produced a report recommending amendments to legislation to recognize medical aid in dying as being an appropriate component of end-of-life care.[96] That report resulted in An Act respecting end-of-life care, which is set to come into force on December 10, 2015.[95][96][97]

On June 15, 2012, in Carter v Canada (AG), the British Columbia Supreme Court ruled that the criminal offence prohibiting physician assistance of suicide was unconstitutional on the grounds that denying people access to assisted suicide in hard cases was contrary to the Charter of Rights and Freedoms guarantee of equality under Section 15.[88][98] This decision was subsequently overturned by the majority of the British Columbia Court of Appeal (2:1) on the basis that the issue had already been decided by the Supreme Court of Canada in the Rodriguez case, invoking stare decisis.

A landmark Supreme Court of Canada decision on February 6, 2015[99] overturned the 1993 Rodriguez decision that had ruled against this method of dying. The unanimous decision in the further appeal of Carter v Canada (AG), stated that a total prohibition of physician-assisted death is unconstitutional.[100] The court’s ruling limits exculpation of physicians engaging physician-assisted death to hard cases of “a competent adult person who clearly consents to the termination of life and has a grievous and irremediable medical condition, including an illness, disease or disability, that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition.” The ruling was suspended for 12 months to allow the Canadian parliament to draft a new, constitutional law to replace the existing one.[101]

Specifically the Supreme Court held that the current legislation was overbroad in that it prohibits "physician‑assisted death for a competent adult person who (1) clearly consents to the termination of life and (2) has a grievous and irremediable medical condition (including an illness, disease or disability) that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition." The court decision includes a requirement that there must be stringent limits that are “scrupulously monitored.” This will require the death certificate to be completed by an independent medical examiner, not the treating physician, to ensure the accuracy of reporting the cause of death.[102]

The newly (November 2015) elected federal government subsequently requested a six-month extension for implementation; the arguments for this request were scheduled to be heard by the Supreme Court in January 2016.[103]

The Canadian Medical Association (CMA) reported that not all doctors would be willing to help a patient die. The belief in late 2015 was that no physician would be forced to do so. The CMA was already offering educational sessions to members as to the process that would be used after the legislation had been implemented.[103]

India[edit]

In India, suicide is illegal and a survivor could face a jail term of up to one year and a fine under Section 309 of the Indian Penal Code. The Government of India has announced in 2014 its decision to repeal the law.In Aug, 2016 Indian Rajya shabha passed Mental Health Care bill, which paves way for decriminalising sucide attempt.[104][105]

Iran[edit]

The act of suicide has not been criminalized in the penal law of the Islamic Republic of Iran.[106] However, no one is allowed to ask other to kill him/her.[106] In addition, threatening to kill oneself is not an offense by the law, however, if this act of threatening is done by a prisoner in a prison, then that would be considered as violation of the prisons' regulations and the offender may be punished according to penal law.[106]

According to the Act. 836 of the civil law of the Islamic Republic of Iran if a suicidal person prepares for suicide and writes a testament, if he/she dies, then by law the will is considered void and if he/she doesn't die, then the will is officially accepted and can be carried out.[107]

According to the theory of "borrowed crime", because suicide itself is not a crime in penal law, thus any type of assisting in an individual's suicide is not considered a crime and the assistant is not punished.[108] Assisting in suicide is considered a crime only when it becomes the "cause" of the suicidal person's death; for example when someone takes advantage of someone else's unawareness or simplicity and convince him/her to kill him/herself. In such cases assisting in suicide is treated as murder and the offender is punished accordingly.[106][108] In addition, assisting in suicide is considered a crime under section 2 of the Act. 15 of the cyber crimes law of the Islamic Republic of Iran which was legislated on June 15, 2009. According to the mentioned act, any type of encouragement, stimulation, invitation, simplification of access to lethal substances and/or methods and teaching of suicide with the help of computer or any other media network is considered assisting in suicide and thus, is punished by imprisonment from 91 days up to 1 year or fines from 5 to 20 million Iranian Rials or both.[106]

Ireland[edit]

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. It was decriminalised in 1993.[109] Assisted suicide and euthanasia are, illegal. This is currently being challenged at the High Court, as of December 2012. As of 2014 assisted suicide remains illegal in Ireland.

Malaysia[edit]

Under section 309 of the Penal Code of Malaysia, whoever attempts to commit suicide, and does any act towards the commission of such offence, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.[110]

Netherlands[edit]

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.)

New Zealand[edit]

As with many other western societies, New Zealand currently has no laws against suicide in itself, as a personal and unassisted act. However, as with comparable societies, there are still legislative sanctions against 'assisting or abetting' the suicides of others, under Section 179 of the Crimes Act 1961. (For further details, see Euthanasia in New Zealand.)

North Korea[edit]

North Korea has a peculiar deterrent for suicides. Although the state cannot punish a dead person, in North Korea, relatives of a criminal (including a suicide victim) might be penalized.[how?]

Norway[edit]

Suicide or attempted suicide is not illegal in Norway.[111]

Romania[edit]

Suicide itself is not illegal in Romania, however encouraging or facilitating the suicide of another person is a criminal offense and is punishable by up to 7, 10 or 20 years in prison, depending on circumstances.[112]

Russian Federation[edit]

In Russia, a person whose mental disorder “poses a direct (imminent?) danger to themselves”[verification needed] can be put into a psychiatric hospital.

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)

Federal law of Russian Federation no. 139-FZ of 2012-07-28 prescribes censorship of information about methods of suicide on the Internet. According to a website created by the Pirate Party of Russia, some pages with suicide jokes have been blacklisted, which may have led to blocking of an IP address of Wikia.[113][114] See also: Dumb Ways to Die#Censorship in Russia.

Singapore[edit]

In Singapore, a person who attempts to commit suicide can be imprisoned for up to one year.[115]

South Africa[edit]

South African courts, including the Appellate Division, have ruled that suicide and attempted suicide are not crimes under the Roman-Dutch law, or that if they ever were crimes, they have been abrogated by disuse. Attempted suicide was from 1886 to 1968 a crime in the Transkei under the Transkeian Territories Penal Code.[116]

United Kingdom[edit]

England and Wales[edit]

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 Crown.[117] 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.[118]

Suicide ceased to be a criminal offence with the passing of the Suicide Act 1961; the same Act made it an offence to assist in a suicide. With respect to civil law the simple act of suicide is lawful but 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,[119] 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.[120]

Scotland[edit]

Suicide directly involving only the deceased person is not by itself a criminal offence under Scots Law and has not been in recent history. However, attempting suicide might be a Breach of the peace if it is not done as a private act; this is routinely reported in the case of persons threatening suicide in areas frequented by the public. The Suicide Act 1961 applies only to England and Wales but under Scots Law a person who assists a suicide might be charged with murder, culpable homicide, or no offence depending upon the facts of each case. Despite not being a criminal offence, consequential liability upon the person attempting suicide (or if successful, his/her estate) might arise under civil law where e.g. it parallels the civil liabilities recognised in the (English Law) Reeves case mentioned above.

United States[edit]

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 had no laws against suicide.[121] 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 a felony to aid, advise or encourage another person to commit suicide.[122] 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 1992. Wackwitz v. Roy, 418 S.E.2d 861 (Va. 1992)). 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.[123] 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."[124] Physician-assisted suicide is legal in some states.[125] 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 of a medication but may not administer it.[126]

In California, medical facilities are empowered or required to commit anyone whom they believe to be suicidal for evaluation and treatment.[127]

See also[edit]

References[edit]

  1. ^ Ormerod (ed). Smith and Hogan's Criminal Law. 13 ed. OUP. 2011. p 583. (This source refers to England before the commencement of the Suicide Act 1961).
  2. ^ B. Steinbock (2005). "The case for physician assisted suicide: not (yet) proven". Journal of Medical Ethics. 31: 235–241. doi:10.1136/jme.2003.005801. 
  3. ^ Plato. Laws, Book IX
  4. ^ Durkheim, Émile (1897). Suicide. New York: The Free Press (reprint, 1997), 327. ISBN 0-684-83632-7.
  5. ^ Also called the Felo de se Act 1823, the Interments (felo de se) Act 1823, the Burials (Felo de se) Act 1823, and the Suicide Act 1823.
  6. ^ James Fitzjames Stephen (2014). A History of the Criminal Law of England. Cambridge University Press. ISBN 9781108060745. 
  7. ^ "Penal Code Article 141." (PDF). Ministério do Interior. Retrieved 2016-08-13. 
  8. ^ "Penal Code Article 207. & 222." (PDF). Government of Botswana. Retrieved 2016-08-13. 
  9. ^ "Penal Code Article 275." (PDF). Government of Cameroon. Retrieved 2016-08-13. 
  10. ^ "Penal Code Article 47." (PDF). Government of Egypt. Retrieved 2016-08-13. 
  11. ^ "الشروع في الانتحار وفقا للقانون المصرى". Retrieved 2016-08-13. 
  12. ^ "Penal Code Article 280" (PDF). Government of Eritrea. Retrieved 2016-08-13. 
  13. ^ "Penal Code Section 57—Abetment of Suicide. Attempted Suicide." (PDF). Government of Southern Sudan. Retrieved 2016-08-13. 
  14. ^ "Penal Code Article 525" (PDF). Government of South Africa. Retrieved 2016-08-13. 
  15. ^ "Penal Code Article 213, 214 and 215." (PDF). Government of Southern Sudan. Retrieved 2016-08-13. 
  16. ^ "Penal Code Article 216 and 217." (PDF). Government of Tanzania. Retrieved 2016-08-13. 
  17. ^ "Penal Code Article 195, 209 and 210." (PDF). Government of Uganda. Retrieved 2016-08-13. 
  18. ^ "Penal Code Article 200." (PDF). Government of Zambia. Retrieved 2016-08-13. 
  19. ^ "Penal Code Article 50." (PDF). Government of Zimbabwe. Retrieved 2016-08-13. 
  20. ^ "Penal Code Article 158, 159." (PDF). Government of Anguilla. Retrieved 2016-08-13. 
  21. ^ "Euthanasia and physician-assisted suicide in Argentina and in other countries". Government of Anguilla. Retrieved 2016-08-13. 
  22. ^ "Penal Code Sec. 294" (PDF). Government of the Bahamas. Retrieved 2016-08-13. 
  23. ^ "Penal Code Sec. 109" (PDF). Government of Belize. Retrieved 2016-08-13. 
  24. ^ "Penal Code Sec. 297, 300" (PDF). Government of Bermuda. Retrieved 2016-08-13. 
  25. ^ "Carter v. Canada (Attorney General)". Government of Canada. Retrieved 2016-08-13. 
  26. ^ "Penal Code Sec. 187" (PDF). Government of the Cayman Islands. Retrieved 2016-08-13. 
  27. ^ [bdlaws.minlaw.gov.bd/print_sections_all.php?id=11 "Penal Code Sec. 305, 306 and 309"] Check |url= value (help). Government of Bangladesh. Retrieved 2016-08-13. 
  28. ^ "Penal Code Sec. 150 and 151" (PDF). Government of Bhutan. Retrieved 2016-08-13. 
  29. ^ "Penal Code Sec. 305, 306 and 309" (PDF). Government of Brunei. Retrieved 2016-08-13. 
  30. ^ "Penal Code Sec. 215" (PDF). Government of Cambodia. Retrieved 2016-08-13. 
  31. ^ "Hong Kong needs legal clarity on assisted suicide". South China Morning Post. Retrieved 2016-08-13. 
  32. ^ "Criminal Code Article 345" (PDF). Government of Indonesia. Retrieved 2016-08-13. 
  33. ^ "Criminal Code". Government of Iran. Retrieved 2016-08-13. 
  34. ^ "Criminal Code Article 302." (PDF). Government of Israel. Retrieved 2016-08-13. 
  35. ^ "Criminal Code Article 202." (PDF). Government of Japan. Retrieved 2016-08-13. 
  36. ^ "Criminal Code Article 339." (PDF). Government of Jordan. Retrieved 2016-08-13. 
  37. ^ "Criminal Code Article 96 & 102." (PDF). Government of Kazakhstan. Retrieved 2016-08-13. 
  38. ^ "Criminal Code Article 102 & 103." (PDF). Government of Kyrgyzstan. Retrieved 2016-08-13. 
  39. ^ "Criminal Code Article 553" (PDF). Government of Lebanon. Retrieved 2016-08-13. 
  40. ^ "Criminal Code Article 305, 306 and 309" (PDF). Government of Malaysia. Retrieved 2016-08-13. 
  41. ^ "Criminal Code Article 95" (PDF). Government of Mongolia. Retrieved 2016-08-13. 
  42. ^ "Criminal Code Article 325". Government of Pakistan. Retrieved 2016-08-13. 
  43. ^ "Criminal Code Article 253" (PDF). Government of the Philippines. Retrieved 2016-08-13. 
  44. ^ "Criminal Code Article 305" (PDF). Government of Qatar. Retrieved 2016-08-13. 
  45. ^ "Criminal Code Article 305, 306 and 309". Government of Singapore. Retrieved 2016-08-13. 
  46. ^ "Criminal Code Article 252" (PDF). Government of South Korea. Retrieved 2016-08-13. 
  47. ^ "Criminal Code Article 299" (PDF). Government of Sri Lanka. Retrieved 2016-08-13. 
  48. ^ "Criminal Code". Government of Taiwan. Retrieved 2016-08-13. 
  49. ^ "Criminal Code Article 109". Government of Tajikistan. Retrieved 2016-08-13. 
  50. ^ "Criminal Code Section 292 and 293". Government of Thailand. Retrieved 2016-08-13. 
  51. ^ "Suicide punishable under UAE law". Gulf News. Retrieved 2016-08-13. 
  52. ^ "Criminal Code Section 103". Government of Uzbekistan. Retrieved 2016-08-13. 
  53. ^ "Criminal Code Section 100 and 101" (PDF). Government of Vietnam. Retrieved 2016-08-13. 
  54. ^ "Criminal Code Article 99" (PDF). Government of Albania. Retrieved 2016-08-13. 
  55. ^ "Criminal Code Article 110 and 111" (PDF). Government of Armenia. Retrieved 2016-08-13. 
  56. ^ "Criminal Code Article 77 and 78". Government of Austria. Retrieved 2016-08-13. 
  57. ^ "Criminal Code Article 125" (PDF). Government of Azerbaijan. Retrieved 2016-08-13. 
  58. ^ "Criminal Code Article 105" (PDF). Government of Belarus. Retrieved 2016-08-13. 
  59. ^ "Criminal Code Article 127" (PDF). Government of Bulgaria. Retrieved 2016-08-13. 
  60. ^ "Criminal Code Article 96" (PDF). Government of Croatia. Retrieved 2016-08-13. 
  61. ^ "Criminal Code Article 214, 288 and 219" (PDF). Government of Cyprus. Retrieved 2016-08-13. 
  62. ^ "Criminal Code Section 244" (PDF). Government of the Czech Republic. Retrieved 2016-08-13. 
  63. ^ "Criminal Code § 240" (PDF). Government of Denmark. Retrieved 2016-08-13. 
  64. ^ "Criminal Code". Government of Estonia. Retrieved 2016-08-13. 
  65. ^ "Criminal Code Article 115". Government of Georgia. Retrieved 2016-08-13. 
  66. ^ "Criminal Code Article 158, 159" (PDF). Government of Gibraltar. Retrieved 2016-08-13. 
  67. ^ "Criminal Code Section 162" (PDF). Government of Hungary. Retrieved 2016-08-13. 
  68. ^ "Criminal Code Art. 214". Government of Iceland. Retrieved 2016-08-13. 
  69. ^ "Criminal Code Art. 183" (PDF). Government of Kosovo. Retrieved 2016-08-13. 
  70. ^ "Criminal Code Section 124" (PDF). Government of Latvia. Retrieved 2016-08-13. 
  71. ^ "Criminal Code Article 128". Government of Macedonia. Retrieved 2016-08-13. 
  72. ^ "Criminal Code Article 213". Government of Malta. Retrieved 2016-08-13. 
  73. ^ "Criminal Code Article 149" (PDF). Government of Montenegro. Retrieved 2016-08-13. 
  74. ^ "Criminal Code Article 207" (PDF). Government of Poland. Retrieved 2016-08-13. 
  75. ^ "Criminal Code Article 110" (PDF). Government of Russia. Retrieved 2016-08-13. 
  76. ^ "Criminal Code Article 119". Government of Serbia. Retrieved 2016-08-13. 
  77. ^ "Criminal Code Section 154" (PDF). Government of Slovakia. Retrieved 2016-08-13. 
  78. ^ "Criminal Code Article 120" (PDF). Government of Slovenia. Retrieved 2016-08-13. 
  79. ^ "Criminal Code Article 143" (PDF). Government of Spain. Retrieved 2016-08-13. 
  80. ^ "Criminal Code" (PDF). Government of Switzerland. Retrieved 2016-08-13. 
  81. ^ "Criminal Code Article 84". Government of Turkey. Retrieved 2016-08-13. 
  82. ^ "Suicide Act 1961". Government of the United Kingdomb. Retrieved 2016-08-13. 
  83. ^ "Criminal Code 46.3506". Government of American Samoa. Retrieved 2016-08-13. 
  84. ^ "Criminal Code 46.3506". Government of Fiji. Retrieved 2016-08-13. 
  85. ^ "Criminal Code 310, 311" (PDF). Government of Papua New Guinea. Retrieved 2016-08-13. 
  86. ^ "Crimes, Procedure and Evidence Rules 2003"
  87. ^ Criminal Code,1892, SC 1892, c 29, ss 237, 238.
  88. ^ a b "CanLII - 2012 BCSC 886 (CanLII)". Retrieved 28 July 2015. 
  89. ^ Criminal Code, RSC 1985, c C-46, s 241, as amended by RSC 1985, c 27 (1st Supp), s 7.
  90. ^ Euthanasia, Aiding Suicide and Cessation of Treatment, Report # 20, 1983. Law Reform Commission of Canada
  91. ^ "The Canadian Encyclopedia". thecanadianencyclopedia.com. Retrieved 17 January 2014. 
  92. ^ a b "Of Life and Death - Table of Contents". Retrieved 28 July 2015. 
  93. ^ Rodriguez v. British Columbia (Attorney General), [1993] 3 SCR 519.
  94. ^ Royal Society of Canada:End-of-Life Decision Making. 2011
  95. ^ a b "Carter v. Canada (Attorney General) - SCC Cases (Lexum)". Retrieved 28 July 2015. 
  96. ^ a b "Quebec passes landmark end-of-life-care bill". 5 June 2014. Retrieved 28 July 2015. 
  97. ^ An Act respecting end-of-life care, SQ 2014, c 2, s 78; CQLR, c. S-32.0001.
  98. ^ "Assisted-suicide ban struck down by B.C. court - British Columbia - CBC News". cbc.ca. Retrieved 17 January 2014. 
  99. ^ Payton, Laura (February 6, 2015). "Supreme Court says yes to doctor-assisted suicide in specific cases". CBC News. CBC/Radio Canada. Retrieved January 2, 2016. 
  100. ^ no by-line.--> (February 6, 2015). "Supreme Court Judgments". Supreme Court of Canada. SCC/CSC. Retrieved January 2, 2016. 
  101. ^ Supreme Court rules Canadians have right to doctor-assisted suicide Sean Fine, Globe and Mail 6 Feb. 2015
  102. ^ Guichon, Alakija, Doig, Mitchell and Thibeault (December 28, 2015). "Assisted dying: Four problems, one simple solution". Glove and Mail. Toronto, Canada. Retrieved January 2, 2016. 
  103. ^ a b The Canadian Press (December 27, 2015). "Canadian doctors express mixed opinions on assisted dying". CTV News. Bell Media. Retrieved January 2, 2016. 
  104. ^ "Govt decides to repeal Section 309 from IPC; attempt to suicide no longer a crime". Zee News. December 10, 2014. Retrieved December 10, 2014. 
  105. ^ "Government decriminalizes attempt to commit suicide, removes section 309". The Times of India. Retrieved 28 July 2015. 
  106. ^ a b c d e "Freewill termination: A look into psychological and legislative aspects of suicide in Iran". magiran.com (in Persian). Retrieved 2016-06-06. 
  107. ^ "Suicide from the point of view of law". Tabnak News Agency. September 12, 2015. Retrieved June 5, 2016. 
  108. ^ a b Amir Sharifi Khezarati (December 29, 2013). "Suicide in law and fiqh". Ettela'at. Retrieved June 5, 2016. 
  109. ^ "Criminal Law (Suicide) Act, 1993". Irishstatutebook.ie. 1993-06-09. Retrieved 2014-02-07. 
  110. ^ "Act 574 Penal Code" (PDF). Attorney General's Chambers Website. Retrieved 3 July 2015. 
  111. ^ Justis- og politidepartementet: Ot.prp. nr. 22 (2008-2009) Om lov om endringer i straffeloven 20. mai 2005 nr. 28. Chapter 6.5.1, page 183.
  112. ^ "Penal Code of Romania, art. 191". Retrieved 5 February 2015. 
  113. ^ "RUBLACKLIST.NET | РОСКОМСВОБОДА". rublacklist.net. Retrieved 17 January 2014. 
  114. ^ Пиратская партия России обещает открыть доступ к "неправомерно заблокированным" сайтам из "черного списка" (in Russian). NEWSru.com. 2012-11-02. Retrieved 2013-01-16. 
  115. ^ Singapore Penal Code (Cap 224, Rev Ed 2008), s 309
  116. ^ Milton, John (1996). South African Criminal Law and Procedure: Common-law crimes (3rd ed.). Cape Town: Juta. pp. 353–354. ISBN 978-0-7021-3773-0. 
  117. ^ SM Canick (1997), Constitutional Aspects of Physician-Assisted Suicide After Lee v. Oregon, Am. JL & Med. 
  118. ^ Holt, Gerry (2011-08-03). "BBC News - When suicide was illegal". Bbc.co.uk. Retrieved 2014-02-07. 
  119. ^ "House of Lords - Commissioners of Police for the Metropolis v. Reeves (A.P.) (Joint Administratix of the Estate of Martin Lynch, Deceased)". Parliament.the-stationery-office.co.uk. Retrieved 2014-02-07. 
  120. ^ Afua Hirsch (2009-07-30). "Debbie Purdy wins 'significant legal victory' on assisted suicide | Society". London: theguardian.com. Retrieved 2014-02-07. 
  121. ^ Litman, Robert E. (1966–1967), Medical-Legal Aspects of Suicide, 6, Washburn L.J., p. 395 
  122. ^ ES Shneidman. "Approaches and commonalities of suicide". Suicide and Its Prevention: The Role of Attitude and Imitation. Suicide and its prevention. p. 24. ISBN 9789004086135. 
  123. ^ On Sound and Unsound Mind: The Role of Suicide in Tort and Insurance Litigation, Journal of the American Academy of Psychiatry and the Law, 2005
  124. ^ Interview with Nadine Strossen, David Shankbone, Wikinews, October 30, 2007.
  125. ^ "Account Suspended" (PDF). Nightingalealliance.org. Retrieved 2014-02-07. 
  126. ^ Goldstein, Jacob (March 5, 2009). "Washington's Physician-Assisted Suicide Law Takes Effect". The Wall Street Journal. 
  127. ^ See California Welfare and Institutions Code section 5150, for example.

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