Bringing to suicide (article of the Criminal Code of the Republic of Kazakhstan) is a crime that is increasingly talked about in the modern world. It provides for the performance of unlawful actions by a person or group of people who have a strong psychological influence on third parties. The result of this activity is the death of a person or his attempt to take his own life. This action is subject to sanctions. Art. 105 Criminal Code RK. More information about this article of the Criminal Code, about the measure of punishment and further nuances, is discussed in this publication.
A social problem or domestic accident?
It just so happened that a lot of things in our life are literally written off as an annoying misunderstanding and chance. But, as they say in American clubs of anonymous alcoholics, the first step to recovery is recognition of the problem. So, it exists.
Particularly affected by this problem are children of adolescence. There are many examples when psychological harassment of a student by his classmates began. They systematically humiliate and insult the dignity of their opponent, and they often and brutally abuse him, using physical violence and uploading video to the network. Do they realize that their actions are illegal and that they face the risk of committing suicide - an article of the Criminal Code of the Republic of Kazakhstan leading to imprisonment? In most cases, this question remains rhetorical.
Brief information about the article of the Criminal Code of the Republic of Kazakhstan
So, article 105 of the Criminal Code of the Republic of Kazakhstan refers to bringing an individual to suicide or attempted suicide through ill-treatment, regular verbal threats and humiliation of human dignity.
According to this article (bringing to suicide, article of the Criminal Code of the Republic of Kazakhstan, 105), attackers whose guilt will be proved are sentenced by a court decision to restrict or imprisonment for up to 3-5 years.
Under the same article are people accused of bringing to suicide persons in material or other kind of dependence on them. Section 105 may also apply to individuals who regularly degrade the dignity of minor children. In this case, imprisonment for a term of three to seven years is provided.
What explanations and comments on article 105 do experts provide?
A lot of legal discussions are caused by the topic - bringing to suicide. An article of the Criminal Code of the Republic of Kazakhstan, commented by experts, needs clarification, like any other article of the Criminal Code. Let's start with the objective side of the crime itself. Turning to the law, we distinguish three main phrases - threats, ill-treatment and humiliation. In this case, the concept of threat means not only the form or verbal content of the negative appeal to the opponent, but also the subjective perception by the victims of what was said to him. For example, systematic threats of deprivation of material assistance can put the victim in a hopeless situation, the only way out of which, in his opinion, will be suicide.
Such a thing as bringing to suicide (article of the Criminal Code of the Republic of Kazakhstan) has no explanation regarding the qualification of the threat. For example, the delay of wages by your employer or harassment and threats from an abandoned girl or young man will not be covered by this law.
There are situations when the victim repeatedly claims that, subject to continued bullying, he will lay hands on himself, however, the accused intentionally continues to push the person to suicide.In this case, the actions of the suspect can already be regarded as a premeditated murder (Article 99 of the Criminal Code of the Republic of Kazakhstan), and the guilty person is deprived of his liberty for a term of eight to fifteen years.
You cannot apply Art. 105 then, when the cause of suicide was lawful actions, for example, the accusation of an individual in a serious offense, and he, unable to withstand moral pressure, committed suicide.
As a corpus delicti, under which Art. 105, the connection between the unlawful actions of the accused and the act of the victim is considered without fail. Criminal liability, in the absence of sufficient evidence, is excluded.
When considering the case, the investigation must prove that the victim, in fact, committed the act of suicide under the pressure of his opponent, and did not stage it in pursuit of certain goals.
Bringing to suicide - article of the Criminal Code of the Republic of Kazakhstan: evidence
Before blaming anyone under Article 105 of the Criminal Code of the Republic of Kazakhstan, guilt must be proved. To do this, as a rule, an investigation is conducted in which witnesses of the incident, suspects and investigators take part.
In most cases, the entire prosecution system is based on the testimony of possible witnesses. As a result, if the perpetrators are identified, they will be held responsible for bringing to suicide. Article of the Criminal Code of the Republic of Kazakhstan 105, recall, provides for criminal liability if the guilt of the accused is proved.
What is a crime?
It is possible to use article 105 of the Criminal Code of the Republic of Kazakhstan only if the corpus delicti is determined. What does it mean? Usually, this is a combination of subjective and objective features specified in the Criminal Code. It is she who defines the action dangerous to society as the fact of an accomplished crime.
For example, after breaking up with the girl, the young man could not stand it and committed suicide. Relatives of the victim immediately turned to the police and began to prove that there was a deliberate bringing to suicide. Article of the Criminal Code of the Republic of Kazakhstan (the practice of civil cases in detail describes a lot of such examples) in this case can be applied.
But during the investigation it was possible to find out that there was no crime as such, and the young people parted by mutual agreement. No evidence of the girl’s guilt, namely the facts of psychological pressure, violence on her part, infringement of human rights, humiliation of human dignity and bullying of the victim was found. After that, of course, the case closes.
On what grounds can a criminal case be instituted?
Among the reasons for initiating a criminal case, the following can be distinguished:
- written statement of the victim himself or his relatives;
- surrender of a person suspected of atrocities;
- information on evidence leaked to the media (for example, correspondence of the accused and the victim);
- the discovery of information on the corpus delicti directly by law enforcement officials.
Therefore, experts say that one cannot simply be held accountable under Art. 105 for bringing to suicide (article of the Criminal Code of the Republic of Kazakhstan). How to prove the guilt of a suspect and identify the elements of a crime in his actions? - These are two main issues that the accusing party should think about before starting any action.
Remember that according to Art. 105 the injured party must be repeatedly threatened, humiliated and oppressed in every way. But isolated cases of harassment, which have never been repeated, cannot become a reason for initiating a criminal case under this article.
Does article 105 of the Criminal Code of the Republic of Kazakhstan have a limitation period?
As you know, many documents, including court decisions, have a limitation period. That is, the time after which they can be appealed.But does bringing to suicide fall under this rule (article of the Criminal Code of the Republic of Kazakhstan)? The limitation period in this case implies the time interval between the day of the crime and the moment the court verdict has entered into force.
For example, one person committed suicide, but five years have passed since the search for the guilty person and evidence of his guilt (this is the period set for crimes of medium severity, which include the charge under Art. 105). In this case, the person accused of atrocity has every right to refer to Article 69 of the Criminal Code of the Republic of Kazakhstan (on the limitation period). However, this loophole cannot be exploited by those who intentionally shirk responsibility.
