Psychological and criminal legal aspects of suicidal behavior

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Arzikulov, U. (2022). Psychological and criminal legal aspects of suicidal behavior . Результаты научных исследований в условиях пандемии (COVID-19), 1(06), 203–205. извлечено от https://inlibrary.uz/index.php/scientific-research-covid-19/article/view/8645
Utkirbek Arzikulov, Andijan State Medical Institute

Psychologist

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Аннотация

This article reviews the psychological and criminal aspects of suicidal behavior, determining the cause of suicide, the two main stages of assessing suicide, the condemnation of suicidal acts by law scholars, and the fact that suicide is currently a socially dangerous crime, that in all CIS countries and in our Republic, bringing a person to suicide entails criminal liability

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References:
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Utkirbek Arzikulov, Psychologist of Andijan State Medical Institute

PSYCHOLOGICAL AND CRIMINAL LEGAL ASPECTS OF SUICIDAL BEHAVIOR

U. Arzikulov


Annotation: This article reviews the psychological and criminal aspects

of suicidal behavior, determining the cause of suicide, the two main stages
of assessing suicide, the condemnation of suicidal acts by law scholars, and
the fact that suicide is currently a socially dangerous crime, that in all CIS
countries and in our Republic, bringing a person to suicide entails criminal
liability.

Keywords: Person, individual, suicide, suicidal behavior, psychotropic

substances, unemployment, anxiety in the family, alcohol, drugs, immorality,
suicide.

Identifying the cause of suicide is a complex matter. Often this is the

cause of a person’s lifestyle, external factors that affect him. But other
aspects that are independent of the individual cannot be ignored. For
example, factors that can lead to suicidal tendencies include unemployment,
family anxiety, drink alcohol, takedrugs and psychotropic substances.

In society, suicide has always been discussed, even punished. Naturally,

the question arises whether an individual's voluntary suicide should be


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considered a crime against a community, morality or God, or is this one of
the rights, as the right to life and a person uses it at his discretion.

From history, the exception that the punishments for suicides differed

among different nations, the assessment of suicides went through two main
stages. At the first stage, a person is forbidden to commit suicide at his
discretion, but in some cases the state gives its consent.

For example, in Athens, the Senate allowed suicide to a man whose life

was assessed as intolerable, and this action was considered as legal. On the
contrary, such actions were considered immoral if they were committed
without the participation of members of the public.

At the second stage, the condemnation of suicide was absolute, and no

exceptions were allowed. In addition to the death penalty imposed for a
criminal offense, this right was excluded from the subject of interests not
only of the subject concerned, but also of the entire community, society and
the individual.

The discussion on the “right to suicide” continues to this day. According

to legal scholar E. Durkheim, “... suicide must be condemned because it
contradicts the principles of our morality. It is said that when a person
commits suicide, he does harm to himself and society does not need to
intervene. It is not right. Society in such a situation is considered offended,
since the connecting elements of the community lose their moral feelings.
Any attempt to commit suicide should be prohibited from the moment when
human life should be recognized as a high value that a person or group
cannot manage ... Suicide cases anger us as well as when insulting our sacred
values, and we should not tolerate any nuances or situations associated with
this. If you leave this issue unattended, it may be that the feeling of the
community will lose its strength in the future, but unlike E. Durkheim,
lawyer M. Kovalev found a different approach to this problem. In his opinion,
if a person has the right to life, he should also have the right to die.

Existing criminal law does not allow suicide attempts. But one cannot

conclude from this that in practice there is a right to suicide, but some
scientists believe that this right should be reflected in the law. M.Kovalev on
this occasion believes that: “... the rights associated with the essence of
human life can be based not only on the norms reflected in normative acts.

Legitimate concepts of law only affect actions between society and

individuals, but with the exception of human destinies. ”If we accept
Kovalev’s point of view and accept the“ right to die ”as an“ unchanging
principle, ”the problem of euthanasia will be solved by itself. If we focus on
the views of E. Durkheim, we can conclude that human life belongs to
society, and society, in turn, controls its life, otherwise society may lose its
meaning.


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Of course, these conclusions are difficult to approve. In our opinion, man

is not the "owner" of his life. Because a person is not born of his own wish
and leaves the world regardless of his will. Moreover, this issue is not
connected with society in any way. When a person commits suicide, he
acquires a right that does not belong to him and from a religious point of
view, commits a grave sin.

If committing suicide is specifically organized by someone else, it is

considered a crime against life. There are different ways to bring to suicide.
But all of them are connected with the criminal intent of the accused. Such
cases cannot be left without punishment.

Currently, committing suicide is assessed as a socially dangerous crime,

and in the Criminal Codes of all CIS member states this is called to account.

Responsibility for bringing to suicide in our Republic is provided for in

article 103 of the Criminal Code. However, some issues related to crimes of
this kind are not resolved from a legal point of view. Examples are cases of
juveniles or those who are not able to realize their actions and who can't
control them.

In addition, all elements of the offense must comply with the disposition

norm of the corresponding section of the Criminal Code in order to bring a
person to criminal liability on the basis of a crime and the correct
qualification of his behavior.

Social relations that ensure the safety of human life are the object of this

crime. The objective side of the case is, in fact, torture, bodily harm, bullying,
slander, insulting and humiliating acts. In our opinion, such a crime can be
committed by inaction. These include situations like not providing timely
food, clothing and shelter to a person designated by law who is obliged to
take care of the victim.

Sometimes there are cases similar to committing suicide, in fact, they

are murder crimes. For example, a person can commit suicide or commit
suicide as a result of physical or mental violence. In such cases, if there are
elements of intent in the actions of the perpetrator, this should be qualified
as murder. Bringing to the suicide of a minor, or a person who is not
answerto their actions not able to control them, should be qualified
similarly.

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