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LEGAL AND CRIMINOLOGICAL DIMENSIONS OF SUICIDE WITH EMPHASIS ON THE LEGAL SYSTEM OF IRAN AND ENGLAND
HASAN HAJITABAR FIROUZJAEE*
Associate Professor of Ghaemshahr Azad University mailto: Hajitabar@yahoo.com MOHADDESEH ASGHARIAN PhD candidate in criminal law and criminology, Azad University, Ayatollah Amoli branch
MEHDI ESMAEELI Assistant Professor, Central Tehran Azad University
Abstract
The phenomenon of suicide, which is one of the important complications of today's industrial world, is more affected by disorganization, mental disorders and social inequalities. Today, suicide is one of the .major social and mental health problems in many countries, especially in European countries countries, suicide is significantly higher than the number of deaths caused by accidents. Human life has dignity and from the perspective of religious teachings and transnational documents, violating it is illegal and a great crime. In Iran's criminal policy, it is influenced by jurisprudence, and religious, self-mutilation and suicide, although it has never been allowed or approved, but it has not been criminalized Despite this, Iran's legislator, by passing the Computer Crimes Law in 2011, criminalized assisting suicide In other words, considering that suicide is not a crime, it can be said that aiding and abetting, suicide is subject to the theory of independent criminality. Suicide and self-mutllation is an act in which the perpetrator of the crime is also the object of the crime, or in other words, if the perpetrator is the perpetrator himself. , suicide or self-mutilation is realized. Suicide is not specific to the present time and has existed since the past, but what is new is the increase in the number of suicides in Iran. Suicide ,and self-mutllation are not crimes in English law, and only accessory to it is punishable. On this basis the legislator should try to determine the criminal acts without ambiguity, so that later, under the pretext of interpretation, the judges will not be able to endanger the freedoms of the people. Regardless of the occurrence of suicide and without the need for such tools, assisting in suicide is criminalized. In addition, if the victim of suicide is a minor, the punishment of the assistant can be intensified. Also, the immediate implementation of educational security measures for a person who commits suicide for any reason, attempted suicide and did not succeed, it is one of the other necessary measures to prevent this phenomenon. Regarding euthanasia or compassionate death, it should be said that in both legal systems, active and involuntary euthanasia is considered intentional homicide, but regarding other types of euthanasia, depending on the circumstances of the legislator, different approaches have been taken.
Keywords: suicide, euthanasia, criminal law, Iran, England
1-1 INTRODUCTION__
Without any doubt, suicide is one of the most important problems of human societies. The tendency to commit suicide is not related to a certain period of life, but according to studies, certain sections of society, such as women and teenagers, are more likely than others when they are in difficult and fragile situations, while they feel that there is a way to overcome They don't have problems, they commit .suicide. The prevalence of depression and committing suicide usually increases in these situations According to the latest statistics of the World Health Organization, suicide is one of the81 main causes of death in the world, and it is the third cause of death in the age group of81 to81 years old, and every 11 seconds, one person in the world dies due to suicide. It is said that last year, about one million people in the world died due to suicide, and about01 times this number attempted suicide unsuccessfully at least once. Suicide is known as a part of social deviations and is a voluntary act in ,which a person destroys himself with a means such as guns, pills, fire, hanging, gas, etc. It is social
.but it has important legal, criminological, sociological, social, cultural and even political dimensions Dore Kim believes that suicide can only be found along with civilization. He considered suicide in past ages and lower societies to have very special characteristics, whose symbolic value is completely different from today's form. Dor Kim writes, "This type of suicide is not an act of despair, but an act of selflessness." If an Indian widow does not allow the continuation of her life after the death of her husband, or a Guloi woman ends her life after the death of the head of her clan, or a follower of Buddhism throws herself under the wheel of her chariot, etc., all these are reasons for following It is .one of the moral and religious orders and it is different from suicide in the modern sense of the word In all these cases, a person does not commit suicide because he thinks life is bad, but ends his life because his cause demands such action from him. Just like the death of a soldier or a doctor, who are consciously exposed to the risk of death to do their duty. While real suicide, tragic suicide, is one of the deep-rooted phenomena among civilized nations, and the more progress is made, the more human safety decreases. He writes, "The best reason is that human happiness does not increase along with the progress of the new society. found, the frequency of suicide indicates that suicide is more common ,in new societies than in past societies. (Praised 83: 8811) (Melikov I, et al., 2021) ,To prove his claim, Doi Kim says: "In today's world, the development of science and technology industry and technology has had positive results in the development of civilization, but at the same time, the amount of deadly phenomena such as various crimes and the number of suicides is also ,increasing. . Although the result of this fact is not condemning and considering civilization as immoral on the other hand, the increase of deadly phenomena is also a logical thing as an indicator of moral degeneration. , against other people, no matter how personal a person's act is, it has a reciprocal effect on other people. Suicide, at the same time, is a cry for help to a clear desire to die. Most of the people who commit suicide are not looking for death, but their behavior is more indicative of escaping from life :.and in this regard, various motives along with multiple social purposes can justify such an action. (Ibid 18 (
Suicide is a complex behavior that includes the desire and thought of suicide, to the act of suicide leading to death. It can be said that the act of suicide is the most private act that can be done by a person. The description of this action is caused by a deep social encounter and a strong emotional and .internal conflict
In Durkheim's valuable research on suicide, which has still maintained its credibility despite all the opinions of experts after him, two factors "social cohesion" and "social disorder" or the disintegration of the norms of a society have a key role, the first factor Prevents suicide and the second is an effective .factor in suicide
On the other hand, from a legal point of view, it should be said that in the Islamic Sharia and the logic .of the Quran, suicide is forbidden as an act of haram, and accordingly, it will be punished in the afterlife He did not recognize the crime and did not determine the punishment for it; Even if these acts or omissions are ugly and indecent, they cannot be prosecuted and punished. Therefore, acts such as suicide or self-immolation, which are considered major sins in Islam, because they are not recognized .as crimes in the criminal laws, can be proposed and Proceedings will not be in courts
1-2 THE concept of suicide and ways to prove it
One of the national and social anomalies that has plagued human society throughout history is the issue ofsuicide This problem has made sociologists, psychologists, religious missionaries and all those . who are involved in educational issues of the society to investigate the causes of suicide. This concept is used when a person commits to killing himself. But if a person attempts suicide and does not die, it is called a suicide attempt or unsuccessful suicide. in the act of suicide; The main motivation is not ,death, but a person does this to attract attention, show power, take revenge and put pressure on others which of course sometimes leads to death. Attempting suicide is similar to suicide, if the attempt to commit suicide is accompanied by a previous statement to the surrounding people, it is considered a .sign to attract attention and affection and to announce danger The term suicide has been defined from .different perspectives such as psychology, socioloy, criminology medicine, criminal law and religion Each of these sciences looks at suicide from the perspective of their science and expertise, and they
.put causes and factors for its occurrence and use it as an expression and definition
1-2-1 Ways of proving suicide _
Suicide is a death that is done intentionally by the person himself. Usually, people who commit suicide think that this is the best solution to their problems, so suicide is not an accidental and meaningless act. Suicide usually occurs in a closed environment that is locked from the inside. It is possible to find .the letter left by the suicider and find out the suicide and its cause by finding out its authenticity ,Absence of traces of the crime (such as the lack of resistance and injury in the body of the deceased finding hair or skin under his nails, the absence of blood stains with a different blood group on the corpse or around it, and the path of injuries in suicide with a firearm or object The winner, which corresponds to the dominant hand, right-handed or left-handed of the suicidal person and can be seen .on the naked parts of the body), all indicate the occurrence of suicide
2 Suicide
One of the most basic tasks of forensic medicine in the scene of unnatural deaths is to determine whether the death was a homicide or an accident. If the hypothesis of a murder or an accident is rejected, suicide is suggested. Since many murderers change the scene after committing a murder in ,such a way that at first sight, even with a superficial investigation, the death appears to be a suicide .the difference between suicide and Homicide or accidental accident is very important ,The use of poisons, firearms and sharp objects, hanging, drowning oneself in water and using city gas electric current, sleeping or sedative drugs, jumping from a height and self-immolation are common for suicide. They use tools and ways that are easier to do. Self-mutilation is a deliberate, impulsive and non-lethal act that causes injury to a person's body, and the most common one is tissue tearing, which is referred to as self-mutilation ( , Gooderzi, Kiani008 :8811) (Alnofaiey Y. H, et al., 2022)
1 -2 Explaining the phenomenon of suicide from the point of viewof criminological theories
Emile Durkheim searched for the causes of suicide in society and Sigmund Freud searched for it in the unconscious mind, as a result, it seems contradictory. Of course, a common feature can also be found in the statement of these two European scientists, in the sense that the collective conscience or collective conscience, which Durkheim considered superior to the individual and believed that it has .control over the individual, is manifested in Freud's psychoanalysis as the superior ego The superior self is a layer of human personality that is formed by society and is a manifestation of the power of society in adjusting human desires. Both Durkheim's and Freud's views are definite and .dogmatic because human behavior is subject to omnipotent forces that a person is not fully aware of ,Kinya)8830 :118 (
The positivists consider deviance as a real, objective and algebraic phenomenon that can be differentiated, observed and measured from other types of behavior. They consider the causes of 'misbehavior to be beyond the will and authority of misbehavior. However, the constructionists approach to misbehavior is relativistic and subjective, and they consider misbehavior to be a voluntary act that is done with the discretion of the index. The positivism approach considers behavioral deviation as a real, objective and algebraic phenomenon, and therefore three important categories of theories :can be recognized and separated in such a paradigm
8- Theories of social pressure0- -Theories of social learning and 8Theories (of social control ) 111
Durkheim's typology of suicide
Abnormal suicide forced suicide Suicide is another desire Suicide selfishly Issue
The person feels disciplined It does not exist in society The person feels powerless Regulate your life he does A person prefers the interests of the group over his own interests Gives A person feels a sense of belonging Society does not description
Bankrupts prisoners Elderly Eskimos addicts Example
Insecurity and frustration Fear of being left out sense of duty Shame and guilt Depression and melancholy signs psychological
Source: Sediq Sarostani, Rahmat A..., Social Pathology, Samit Publications - Tehran1831
1-8 History of suicide in the criminal law of Iran and England 1-8-1 Developmentsofsuicide in Iranianlaw
The Iranian legislator has not defined self-mutilation and suicide as a crime and has not considered a punishment for it. In other words, the legislator has not welcomed the policy of criminalization. Because .the priority of Iran's criminal policy is to limit the scope of crimes
Suicide or self-mutilation is not recognized as a crime in Iran's laws. In the General Penal Law approved in8811 Shamsi and its amendments in8810 , suicide was not a crime, and basically no punishment was provided for suicide, initiation of suicide or assisting and participating in suicide. Even now, in the criminal laws of Iran and in the approved law8830, ;committing suicide or initiating it is not a crime Because the acts of punishment against the suicide do not have the aspect of prevention and any kind .of legal reaction will cause material and spiritual damage to his relatives. It is a crime and punishable ,Goldozian)81 :8813 (
Therefore, from the unpunishability of suicide, it should not be concluded that other physical injuries that someone personally inflicts on himself for a specific motive, such as cutting off a part of his body in order to escape from public duty, are not punishable. Such personal bodily injuries are prohibited , and punishable as a criminal act. Walidi8811 :10
According to Article18 of the Criminal Law of the Armed Forces approved in8810 According to this . article, any soldier who deliberately injures or threatens himself in order to escape from work or perform his duty, or to intimidate and threaten the commander or chief or any other superior, or to obtain exemption from service, or to be transferred to more suitable areas, or to obtain other privileges. self-harms or is excused due to physical or mental incapacity, and according to the certificate of a military doctor or forensic doctors, his illness is proven, or shows his disinterest in performing military duties in many cases, in a way that weakens other military forces is effective, in addition to compensating for :the damage, it will be condemned as follows
A) When he is in front of the enemies, if his action causes disruption of the order, disrupts the security of the country (or the defeat of the Islamic front), he will be punished by combat and otherwise, he will .be imprisoned from two to ten years
.b) If it is during the war and not in front of the enemies, imprisonment from one to five years (r) In other cases, except for cases that are considered a disciplinary violation, to imprisonment from .three months to one year
In Iran's criminal law, the presumption of participation in suicide can be fulfilled, in such a way that a person gives one end of a rope that is wrapped around his neck to another and holds the other end of the rope, and both of them pull both ends of the rope and cause the death of the person who commits suicide. It seems that in this assumption, the parents of the victim can pay half of the murderer's ransom :.and avenge him. (Ibid18 (
Iran's legislator does not recognize accessory in crime as an independent crime, but has followed the theory of borrowed and metaphorical criminality, which means that the realization of accessory in crime depends on the criminal act committed by the person in charge of the crime, and whenever an act is legally It should not be considered a crime, it is not conceivable to establish vice in it, vice is not ,considered a crime and has no punishment (Walidi810 :8818 .(
1 -8 -2 Suicide in English law
In the 19th century in England, if suicide resulted in death, the person who committed suicide was deprived of religious burial and funeral ceremonies, and if he had started to commit suicide but did not ,succeed, the act of the perpetrator was considered simple murder. Therefore, in English criminal law suicide was considered a crime. However, in the 20th century, the approach of English law changed a little. According to Article8 Suicide Law " approved in " 8398 ,suicide is no longer considered a crime , but any aiding in this act is punishable by a maximum of fourteen years imprisonment, according to the .second part of the same law
This crime can be done with any help, assistance, counseling or facilitation of suicide, because the same general words used to describe cooperation with the supervisor in committing the crime (in the .form of deputy or company) are also used in this case in the section Second, the law has been used But because this act is foreseen as a special crime, and not under the title of deputy, in the law, it is also conceivable to start committing it. An example of this case is when the person's helper finally Despite the perpetrator's attempt to commit suicide, it did not lead to his death, while it is unthinkable ,to become an accessory to a crime in English law, as confirmed by the courts of this country. Therefore according to this law, the law that recognized suicide as a crime was repealed, and as a result, the act of committing suicide, which was considered a crime, was repealed. according to the suicide law approved in8398 . According to the second part of this law, " a person who, by being present or not present at the scene of the crime, assists in the suicide of another or attempts to commit suicide, will be responsible. Thus, the motive is not very important. Therefore, the provision of poison to accelerate death is accompanied by It would be a crime to cause someone's pain and suffering, as well as to encourage an elderly relative to end things in the hope of inheriting from him. Under this law, any kind ) . of aiding or abetting or providing the means for another person to commit suicide would be a crime Mir Mohammad Sadeghi8819 :99 In this way, with the passing of the suicide law in England, along ( with finding a legal solution to criminalize aiding and abetting suicide, the concern of those people who .thought that it would be abolished The suicide penalty law, this heinous act will increase, was removed In English criminal law, the " suicide pact " causes some of the
D eliberate murders become " voluntarily unintentional " . Explanation that since ancient times in England, unintentional murders have been divided into " unintentional involuntary " and " voluntary involuntary " murders . Involuntary murder occurs when the accused, He has the necessary prior malice to commit intentional murder, but in terms of the existence of a special excuse such as incitement or reduced responsibility, or because the murder was committed following an agreement, he is less blameworthy (ibid.: 31) .
Suicide In any case, according to section8 paragraph1 of the Homicide Law, a person who kills another person following a contract of suicide concluded between him and another person, or participates in his killing by a third party, will be guilty of involuntary manslaughter. and not intentional murder ,Brandwand)8831 :11 Suicide used to be a crime. It is no longer the case, but when this crime was ( abolished, the crime of aiding and abetting suicide remained on the basis that aiding a person to take his life must be motivated. It should be done secretly, for example, by being a beneficiary in the will of the deceased, wherever a person dies due to the actions of another person and that person intends to .(cause the death, he may be responsible for manslaughterElliott 811 :8399 ) Also, according to section8 paragraph four of the murder law, " a suicide contract is an agreement , between two or more people with the aim of killing all of them, regardless of whether each of them wants to take his own life or not. But what the person entering into commits a suicide pact, it cannot be .considered a suicide pact unless it is done while his firm intention was to die following that pact The meaning of a suicide pact is that two or more people make a pact with each other to commit suicide
collectively (whether each one kills himself or the other). In such a case, if the accused kills another member of the pact, while At the moment of his murder, his final decision is to kill himself in the continuation of the contract (by himself or by someone else), but after continuing the work, he gives up and lives as a result, his murder, according to the fourth section of the murder law approved in8313 , it will be reduced from intentional to unintentional. This type of murder in English law is one of the three examples of voluntary unintentional murder8 that is, a murder that despite being intentional according , .to the law, is considered unintentional murder
3 Involuntary manslaughter 11
Perhaps one of the reasons for the provision of such a law is to encourage the participants in such an agreement to refrain from its full implementation, even after killing other people (knowing that they will be dealt with more lightly compared to intentional murderers). Another reason The provision of such a sentence in the law can be related to the mental imbalance of such people, which requires a more lenient treatment of them compared to ordinary murderers. Such people, if they have not killed another person, may be punished according to the "suicide law " . " Approved in8398 sentenced him to , ,.committing the crime of assisting another to commit suicide. (ibid8819 :91 (
Therefore, according to this law, the law that recognized suicide as a crime was repealed, and as a result, the act of committing suicide, which was considered a crime, was repealed. according to the suicide law approved in8398 .
Where a person can show that the death is suicide and it was part of a suicide contract in which the person intended to die, the responsibility will be reduced to manslaughter. This issue must be proven by the defense, based on the balance of probabilities. The legality of the reverse burden of proof was ) confirmed by the Court of Appeal in the case of R v. H0118 ). The accused was prosecuted for injecting a high amount of insulin to his wife and, as a result, killing her. She had taken a low amount of insulin. which did not lead to murder. He said that the survivor is a suicide pact. The Court of Appeal ruled that the accused must prove the burden of proving the existence of a suicide pact based on the .balance of probabilitiesIntention and criminals who disguised their behavior as asuicide contract are necessary.
2-1-1 Definition of crime inthe criminal law of Iran and England
It is difficult, if not impossible, to provide a comprehensive definition of crime in the laws of England .and Iran
,People usually think of crimes as acts that threaten safety, security or public morals. So, to be precise ,we can say that a crime is any act or omission that is against the criminal law . (Taheri Nasab880 : 8811 (
In the Islamic Penal Code of Iran and before that, a definition of crime has been presented, which " .states: " Crime is any actual act or omission for which punishment has been determined in the law Punishment has been determined, it is considered a crime, and nothing can be considered a crime1 unless punishment or preventive or educational measures have been determined for it according to In the definition of crime, Dr. Mohammad Aliardbili believes that crime in the general sense of2 .the law the word is an act or omission of a human being, which society has prohibited due to the disruption of , social order as a guarantee of criminal execution. ) Ardebili8819 :38
However, there is no legal definition of crime in English criminal law, and it is even certain that it is not possible to know a legal definition of crime that is valuable for English lawyers, and for practical purposes, crime may be defined as a public offense, which is committed according to the procedure and Criminal procedures lead to punishment of the offender. English Hunt Martin believes that a crime ,is any act or omission that is considered against the criminal law. (Martin8311 :13 ( 2 -1 -2 self-mutilation And Suicide At the system legal Iran And England According to the Islamic law and the logic of the Quran, suicide is forbidden as a forbidden act, and
1 Islamic Penal Code of Iran, approved8838 and8830 Article ,0
2 General Penal Law approved8830 Article ,0
accordingly, it will be punished in the afterlife. Suicide and self-mutilation are forbidden from the point ,of view of Islam, and its sanctity has been established in terms of the book, tradition and consensus and an afterlife punishment has been promised for its perpetrators. It has not determined the punishment; Even if these acts or omissions are obscene and indecent, they cannot be prosecuted or ,punished. Therefore, acts such as suicide or self-immolation, which are considered major sins in Islam because they are not recognized as crimes in criminal laws, can be prosecuted and punished. There ,will be no proceedings in the courts. (Ardebili19 :8819 (
Iran's legislator has not defined suicide and self-mutilation as a crime and has not considered a punishment for it. In other words, the legislator has not welcomed the policy of criminalization, because ,the priority of Iran's criminal policy is to limit the scope of crimes (Jahed8818 :8 In the General Penal) Law approved in8881 Shamsi and its terms in8810 suicide was not a crime, and basically no , .punishment was provided for suicide, initiation of suicide or assisting and participating in suicide Currently, in the criminal laws of Iran and in the approved law8830, committing suicide or initiating it is not a crime; Because criminal acts against a suicide do not have the aspect of prevention, and any ,kind of legal response will cause emotional and spiritual harm to his relatives. Punishable. (Rezaian10 :8830 (
Sometimes, someone helps someone else commit suicide. For example, Mr. A, a force consisting of Mrs. A and Mr. B, helps the woman to commit suicide by giving cyanide pills to the woman to commit suicide, and when the man wants to hang himself from the rope, The relative says to hang her, for ,example, to remove the chair from under her feet so that the man (forcefully) suffocates. In this case the assistance to Mrs. B is a substitute, and in the case of the woman's husband, it is murder. So, if the victim does the fatal act himself, It is called suicide, but if the killing is done by someone other than .the victim, it is murder
Although there is no punishment for suicide, aiding and abetting it in Iran's law, such actions are prohibited by Sharia law and have an afterlife punishment (Ibid.: 18) Thenon punishment of someone-who commits suicide is defensible to a reasonable extent. And with murder, the punishment of a person has no meaning, but it is correct in relation to his ownership of his property, his relationship with his property is severed, but it is not logical that someone who has committed suicide should not be able to do anything about his property, perhaps there are people who consider their property valuable have .more than their lives
Even though they don't want that property for themselves, it is not right that if we want to establish a law, we will only punish the people who have committed suicide unsuccessfully and leave the people who have successfully committed suicide alone. Successful suicide is more severe than unsuccessful .suicide
2-2 typesof murder and suicide in English law
In English law, murder is divided into intentional homicide, involuntary manslaughter, involuntary .manslaughter, and infanticide. But in the 20th century, the approach of English law changed a little According to the suicide law approved in98398 > suicide is no longer considered a crime for its ,perpetrator. Therefore, according to this law, the law that recognized suicide as a crime was canceled .and as a result, suicide started to happen. It was considered a crime, it was canceled .But if at least two people are involved, it is possible that they are responsible This responsibility may be obtained according to the law of suicide or according to the law of murder3 approved in ,8313. According to the second part of the law of suicide: a person who (with or without being present at the scene of the crime) participates or assists in another's suicide or initiates his .suicide slow, will be responsible
In this way, motive is not so important. Therefore, providing poison to hasten someone's painful death would be as much a crime as encouraging an elderly relative to end things in the hope (motive) of ,inheriting from him. (Perfit8831 :13 (
In this law, any type of assistance or encouragement or provision of means to commit suicide for another person is independently recognized as a criminal act. In this way, with the passing of the suicide law in England, while finding a legal solution for the criminalization of assisting in suicide, The concern of those people who thought that with the abolition of the law punishing suicide, this ugly act
.will increase
According to Article 1 " of the suicide law approved in "8398 ,suicide is no longer considered a crime , but any aiding and abetting in this act, according to the second part of the same law, can be punished ,with a maximum of fourteen years of imprisonment. providing counseling or facilitating another suicide because the same general words that are used to describe cooperation with the master in committing a crime (in the form of deputy or company) are also used in this case in the second part of the law. But because This act is provided as a special crime, and not under the title of deputy, in the law, it is also conceivable to start committing it. An example of this is when a person ultimately helps the person to die, despite the perpetrator's attempt to commit suicide. It didn't happen, while it is not conceivable to
6 Suicide Act 1691
7 Homicide act 1957
of assistance or encouragementor provision of suicide means for another person is independently ( .recognized as a criminal act
In this way, with the passing of the suicide law in England, along with finding a legal solution for the crime of aiding and abetting suicide, the concern of those people who thought that this heinous act .would increase with the abolition of the suicide penalty law was resolved
" In English criminal law, the " suicide contract " causes some intentional murders to become unintentional and voluntary " . The explanation is that since ancient times in England, unintentional . murders have become " unintentional and involuntary " murders
unintentional and voluntary " . Unintentional murder occurs when the accused has the necessary prior " malice to commit intentional murder, but in terms of the existence of a special excuse such as provocation or reduced responsibility, or because the commission The murder was committed following .(a " suicide pact " and is less reprehensible : Clarkson819 :8831
In any case, according to Section 1 Paragraph1 ,of the Homicide Law , " the suicide of a person who following a contract of suicide concluded between him and another, kills another or participates in his :.killing by a third party, will be guilty of involuntary manslaughter." It was not intentional murder " (Ibid 8831 :13 (
Suicide used to be a crime, it is no longer so, but when this crime was abolished, the crime of aiding and abetting suicide remained, on the basis that aiding a person to take his own life must be done with an ulterior motive, for example, by being a beneficiary in Deceased's Will Wherever a person dies due .to the actions of another and that person intends to cause the death, he may be liable for manslaughter ,Clarkson)819 :8399 (
Also, according to section8 paragraph1 of the murder law, a suicide contract is an agreement between two or more people with the aim of killing all of them, regardless of whether each of them wants to take .their own life or not
But what a person entering into a suicide pact does, cannot be considered a suicide pact unless it is done while his firm intention was to die following that pact. The meaning of suicide pact is that two or more people make a pact with each other to commit suicide collectively (whether each one kills himself or the other). In such a case, if the accused kills another member of the pact, While at the moment of killing him, his definite decision is to be killed by himself or someone else during the execution of the contract, but after he gives up and remains alive as a result, his murder, according to the fourth section of the " Murder Law " Approved8313 it will be reduced from intentional to unintentional. This type of, murder in English law is one of the examples of voluntary unintentional murder1 that is, a murder that , .despite being intentional according to the law, is considered an unintentional murder According to Article 1 of the " Suicide Law " approved in8398 ,suicide is no longer considered a crime , but any aiding and abetting in this act, according to the second part of the same law, can be punished ,with a maximum of fourteen years of imprisonment. , providing counseling or facilitating another suicide because the same general words that are used to describe cooperation with the supervisor in committing a crime (in the form of deputy or company) are also used in this case in the second part of
,the law. But because this act is provided as a special crime, and not under the title of vice, in the law it is also conceivable to start committing it. An example of this case is when a person ultimately helps the person to die, despite the perpetrator's attempt to commit suicide. It didn't happen, while it is not .conceivable to start a crime in English law, as the courts of this country have confirmed Perhaps one of the reasons for the provision of such a law is to encourage the participants in such an agreement to refrain from its full implementation, even after killing other people (knowing that they will be dealt with more lightly compared to intentional murderers). Another reason for predicting such a sentence in the law can be related to the mental imbalance of such people, which requires a more lenient treatment with them compared to ordinary murderers . "Suicide Law " approved in2018 ,condemned the crime of assisting another to commit suicide. (Zarin Qalam80 :8833) (Aelita K, et al., 2022)
Where a person can show that the death is a suicide and it was part of a suicide contract in which the person intended to die, the responsibility will be reduced to manslaughter. This issue should be .discussed with the defense
8 Involuntary manslaughter
) .of proof was confirmed by the Court of Appeal in the case of R. H0118 ). He had taken insulin, which did not lead to murder. He said that the survivor was a suicide bomber. The Court of Appeal ruled that the accused must prove the burden of proving the existence of a suicide bomber based on the balance of probabilities. It is necessary for the society to be free from intentional homicide and criminals who .have disguised their behavior as a suicide pact 2-8 important vignettes related to suicide inEnglish law
According to what was mentioned earlier, the most important characteristics of suicide in English law :are
8 If the accused is charged with premeditated murder, the burden of proving that there was a suicide . pact would probably be on him on the balance of probabilities3 •
0 Murder committed in the course of a criminal suicide contract under the " law of murder " and not . .based on " " Suicide law " . Therefore, causing death in this way is considered unintentional murder
8 According to Section .0 of the Suicide Law ", aiding in another's suicide can be charged only if the " victim commits his own murder . Therefore, if it is proven that someone killed the victim, according to Section0 , he ,.will not be guilty, but the murderer. will be considered (ibid8831 :
) 31
2-4 _ agreement_ Suicide At Rights criminal Iran
The argument that can be raised in this regard is suicide pact; There is no mention of a suicide pact in Iranian law; If the suicide involves a small number of people, such as two people, then a suicide pact has occurred. In the murder law approved in England8313 this act is criminalized. According to this , law, this act is not considered a suicide pact towards the individual, unless it is proven Let it be that his determination to die for that treaty was
9 Balance of probabilities.
In this case, he will be sentenced to the punishment of involuntary manslaughter. Suppose A and B talk to each other in an internet chat room and make a suicide pact with each other, so that at a certain time each of them will kill themselves, but one of them (A) If he did not kill himself for any reason, is ?action (A) punishable and in this case, can a punishment be considered for his action in Iranian law According to Article81 of the Islamic Republic of Iran, which is the only existing law in the field of suicide, it should be checked whether a suicide agreement can be considered an invitation to commit suicide or even assist in committing suicide or not; It seems that an invitation to commit suicide is a little different from a suicide contract. As it was said before, in an invitation to commit suicide, the person invites the recipient to commit suicide. But the suicide contract, apart from being a party invitation, is a characteristic There is another thing that distinguishes it from calling for suicide, and that is the obligation of the parties to the contract. As a result, the contract for suicide is something beyond calling for suicide (Rezaian0 :8831 .(
On the other hand, it can be considered that the agreement to commit suicide cannot be the subject of Article81 of Q.R.R. to destroy, they have committed suicide from the background. In other words, there is no need for the occurrence of instances of vice in the suicide agreement; Whether or not one of the .examples of aiding and abetting is hidden in this agreement, the suicide agreement has occurred .Therefore, the suicide agreement is different from the aiding in suicide
,Finally, according to the above arguments, it can be concluded that in the above-mentioned question (a), it is not considered an assistant in suicide, nor an invitation to suicide. Therefore, in the current laws of Iran, considering the lack of criminalization of suicide pact, He cannot be prosecuted under any , criminal title. Salvation91 :8830
The invitation may be verbal or written, in either case it must be explicit and it is not enough to be implicit, for example A sends a short video of another suicide to B's email address and also adds: I ,hope this video is useful for you. In this example, the invitation to commit suicide has not been realized because A has not explicitly invited B to commit suicide, either in writing or verbally. It is also not necessary that the invitation to commit suicide, in words, also implies suicide, just that The concept of invitation implies suicide is sufficient, in other words, the word invitation is irrelevant. Even having the intention to invite suicide, without the behavior confirming it, is not enough, but this intention must be clearly accompanied by behavior that implies invitation to suicide. , to the point of emergence. Invitation to suicide is different from suggestion to commit suicide, although it seems a little difficult to separate the two, there is no clarity in the latter case, for example, when A says to B through the telephone (communication system); Now, it is not bad to kill yourself, or it is not better to kill yourself, in this case it is not an invitation to commit suicide, but it is simply a suggestion, because it does not directly and explicitly call the audience to commit suicide. An order to commit suicide is also an invitation to commit suicide. because there is an invitation to commit suicide, but it is arbitrary and transgressing the conventional limits, this additional characteristic is not the negation of the invitation, in other words because the invitation to commit suicide is specific to the order to commit suicide, so the order to :.commit suicide using The tools intended by the legislator also lead to the realization of the crime. (Ibid 99 (
Another important difference regarding suicide in the two legal systems is about the burden of proving the reason in the suicide contract. The exact nature of the burden of proof depends on the defense .reasons that are presented
Where there is self-defense, provocation, reluctance, necessity, involuntary, drunkenness, the .defendants carry the burden of proof, which means that they must bring evidence to prove their claim When this evidence is presented, the burden of proof is on the prosecutor. which must declare their defense evidence invalid in order to prove their legal case. In cases where the defense reason raised is insanity or partial liability, the defendants must not only present the evidence, but must also provide legal and court-friendly evidence . As they establish this defense mechanism, they are forced to prove the factors that lead to such a defense mechanism, which is more likely than not to exist. But in English law, in a suicide contract, if the accusation If the accused commits intentional murder, the burden of proving that there is a suicide agreement will be on him based on the principle of balance of probabilities ,Brandon)8831 :11 .(
2-5 _ deputy_At self-harm And Suicide
Iran's legislation does not recognize aiding in a crime as an independent crime, but has followed the concept of borrowed and metaphorical criminality. This means that the realization of aiding in a crime depends on a criminal act that
A steward commits a crime, and if an action by the legislator is not considered a crime, the deputy's , appointment is also not considered a crime and is not punishable. Salvation31 :8830 Iran's legislator has not defined aiding and abetting in a crime, however, according to Article809 of the Islamic Penal Code approved in8830 and Articles10 and18 of the Islamic Penal Code approved in 8838 in the definition of aiding and abetting in a crime, it can be said that aiding and abetting is , someone who is not personally involved in the material element of the crime. to assist and assist the ,main perpetrator in committing criminal behavior through incitement, encouragement, persuasion threat, conspiracy and deception, facilitating the commission of the crime, providing means and
.providing means
Deputy crime refers to persons who did not actually act or start it. Therefore, if several people conspire ,to commit a crime and commit that crime personally or begin to commit it, they are the main culprits .not the deputy of the crime
The Islamic Penal Code approved in8838 and8830 did not provide a definition of aiding and abetting in a crime, but by counting the examples of aiding and abetting in a crime, it clarified its concept to some extent. The three clauses of Article 18 of thislaw ,are examples of aiding and abetting in a crime which includes the concept of a psychological element. and it determines its material element. This method of counting examples is similar to stating the examples of aiding and abetting in a crime in English criminal law, which, according to section eight of the law of aiding and abetting crime, approved in 8198, includes assisting and preparing the ground for the commission of acrime giving, inciting. In . order for the criminal courts of England to punish a person as an accomplice, it is necessary to determine and match one of these examples with the behavior of the accomplice and mention it in the issued sentences. Based on this, in the Clarkson case In8338 the behavior of those who were actually , watching a scene of sexual assault in a room in a barracks was not recognized as a punishable offense .due to snoring. In addition, this issue shows the necessity of a positive verb in most cases in the vice .It is a crime in this legal system
In English law, part1 of the law approved in8198 " :regarding aides and aides in crime stipulates that The conviction of a person as a second party depends on the existence of anyone who had a hand in .the aiding and abetting 21
.or providing the cause of the crime. In this way, there are four types of punishment for the second party :.Assisting, assisting, consulting, and facilitating the occurrence of the crime (Ibid8399 :018 ( Catherine Elliott and Francis Queen of England believe about the deputy: providing assistance means assisting the main agent in identifying the crime. Through complicity, it involves encouraging the :commission of a crime, persuading, and providing the causes of the crime. (same as010 ( The concept of cases of deputy in crime and the importance of matching the action of the deputy with one of these legal examples has been confirmed in various opinions of the branches of the Supreme Court of our country in the past years, and it indicates that the courts should determine the manner of deputy. The behavior of the deputy in crime should compatible with one of the legal examples of assisting in a crime. But what they put forward as verifying the existence of a causal relationship or the lack of necessity of this relationship between the act of the deputy and the crime of the supervisor increases the complexity of the issues related to determining the example of assisting in the crime and the level of behavior Examples of aiding in crime, which affect the psychological component of the crime, such as incitement and similar examples, are examined, and in the next topic, examples that .are more concrete and have a more obvious effect on the material element of the crime of the crime That is, presenting the way of committing a crime, providing the means of committing a crime, and .facilitating the occurrence of a crime have been examined
Assisting in suicide and self-mutilation is also considered an aid to the crime from the point of view of Islamic criminal law, and the perpetrator is subject to punishment. By approving the computer crimes law in 2011, Iran's legislatorcriminalized aiding suicide. According to this law, in order for aiding suicide to be a crime, it must be done exclusively through computer systems, telecommunications and data carriers. Article B81 :This law stipulates
Anyone who commits the following acts through computer or telecommunication systems or data :carriers, will be punished respectively
b) If he facilitates or trains people to commit crimes against modesty or use drugs or psychotropic ,substances or commit suicide or sexual deviations or violent acts of incitement, persuasion, threat invitation, deception or the manner of committing or using them, to imprisonment from Ninety-one days .to one year will be punished from five to twenty million Rials or both
For the first time in Iran's criminal law, the legislator criminalized aiding suicide in Article81 of the Islamic Republic of Iran. It should be considered that this act was criminalized by the legislator
despite the fact that suicide is not a crime in Iran's penal system. The existence of this, the mentioned .article is not without problems
,The most obvious flaw that can be seen in this article is that the legislator, unlike the English legislator has limited the criminalization of assisting suicide to computer systems, telecommunications and data carriers, which is far from legal logic, because It gives an opportunity to violate the law. This means that if someone assists in the suicide of another by using any of the three tools mentioned, he will be found guilty, but if the same person face to face or by sending the names of one of If he commits the cases mentioned in Article81 of the Criminal Code, he is not considered an accessory to suicide. Another problem that can be brought to the legislator is that the legislator criminalized " invitation " to commit suicide along with the examples of vice. Before, there was no mention of " invitation " in the criminal law of Iran. that merely inviting someone to commit suicide is not enough, because surely one of the examples of vice lies in this invitation; This means that it is not possible that a person will be .convinced to kill himself and destroy himself without being provoked, encouraged, threatened, etc Therefore, in the first place, the legislator should not limit assisted suicide to the mentioned means. On ,the other hand, it is not easy to find an example for "invitation". In addition to the mentioned cases another objection that can be raised in this article is that the legislator has used monetary punishment in such a way that it seems that considering Due to the decrease in the value of money over time, such punishment gradually loses its value, so it is appropriate for the legislator to include this punishment in .a way that does not lose its effectiveness over time :Considering these cases, a new model can be proposed as follows
If someone incites, incites, or threatens or deceives another in committing suicide or attempts to commit suicide, or facilitates or teaches the method of committing it, he will be imprisoned from ninety-one .days to one year or fined up to five percent of the ransom. or both will be punished 8-1 Descriptivestatistics of suicide in 1983
,"A well-informed source in the country's Forensic Medicine Organization, in an interview with "Etamad announced that the number of suicide victims inthe first month of2019 From the beginning of April -,to the end of November - compared to the same period of the previous year1 .0 percent has increased Increase .1 .0 percent of the number of suicide victims in the period of1 month this year compared to the same period last year, while the reports of the country's Forensic Medicine Organization recorded that in 8831, the total number of suicide victims in the country was1818 . With a simple calculation, it can be said that in the year8831 ,on average ,81 people per day and during1 month of the year equivalent to)019 (days8111 people of compatriot men and women lost their lives due to suicide, while this year81 :people have died due to suicide every day and now it can be written According to the cumulative statistics of the number of suicide victims from"the 1st ,month of this year 8113 of our compatriots have lost their lives due to suicide, which compared to the same period last ,year1 .0 .percent has increased
Psychiatrists believe that the significant increase in the number of suicide victims in the country should be investigated and rooted at the same time as political, economic, cultural and social changes and events in any specific period of time. Between8811 and8838 and within1181 ,days when the political ,economic, social and cultural conditions of the country were facing deep challenges18 thousand and 33 people of the country committed suicide, of which03 thousand and310 .people committed suicide ,On average3 .people died daily
Since8831 the implementation of national suicide prevention programs and support interventions for , people with mental disorders reduced the number of suicide attempts across the country to such an extent that during this period, the annual increase in the suicide rate in the country was less than one percent, as in the year8839 the number of suicide victims in the country is ,1903 and equal to1 .3 was reported in811 thousandpeopleand thenumber ofsuicide victims in8833 compared to8839 was1 . There was an increase of3 tenths of a percent. In8833 the number ofsuicide victims in the country , was1818 and equal to9 .0 was reported in811 thousandpeopleand in8831 thenumber of suicide , victims in the country compared to the previous year was1 There was an increase of .1 .percent Now, increase by1 .0 in the statistics of the number of suicide victims, that is in the %1- month period of the year that started with Corona, unemployment, lack of money, inflation and high prices, and it is
still the same with Corona, unemployment, low money, inflation and high prices, this is a warning message. that "Corona" has made people more impatient, fragile, unstable, hasty and desperate in the face of poverty and livelihood problems. In such a situation, the old and obsolete interventions of the past1 ,year, such as slogans and forced smiles For the deep wounds of people whose patience, job livelihood, and hope have been crushed under the feet of the Corona virus, it does not work, and the authorities in the field of psychological support should think of newer and more effective versions versions of hope and security and livelihood; As in these88 months; Since the beginning of the outbreak of covid83 . the people of Iran were denied ,
8-2 _ overview_On Strategies National prevention From suicide in Iran
over From One Decade From Beginning implementation of Program Trial prevention From Suicide At Area Khorramabad At Islamic Iran Iran may passed _ Target From this Program ID To time and treatment depression was _ At Year0113 this Program At two Another area From Country Iran Performance became And Evaluations sign gave That Implementation of this Program preventively At . Decrease Items Suicide Mujazhar have been
At Year0181 Strategy National prevention From Suicide in Iran With Title : Programs Record Items Suicide And prevention of Suicide, Editing became And prescribed became That System health care And hygiene General responsibility have implementation of it to be The purpose of the strategy National prevention From Suicide At Iran, Reduce behaviors Suicide At population General under cover Care system primitive Health And hygiene was. this Strategy At1 ,Section with a letter Strategy service . executive, educational, treatment And research To Description Under Editing Found 8-2-1__Strategy service
this the part From Strategy national prevention From Suicide including On log in Program National Prevention From Suicide To System taking care Health And General Hygiene, Presentation Services counseling, Promotion Services supportive And treatment and Reinforcement System referral Persons At Exposed the danger From through The training was for community gatekeepers and health care .system employees 8-2-2 implementationstrategy__
determination the person Responsible, Creation groups prevention With Goals multiple At level National And provincial of goals this the part considered would be
8-2-8 educationalstrategy __ _
Promotion Awareness General At Especially the method confrontation With stress Daily And Reinforcement skills Life, holding Workshops educational, preparation articles educational Especially for families And goalkeepers Society And explanation Instructions To media, all of them From Items .Hint done At the part Educational strategy National prevention From Suicide At Country Iran They were 8-2-4 _ strategy__treatment
this the part Contains ID Persons exposed to the danger, Presentation Services Counseling And Follow up Services Psychotherapy At Persons With history action To Suicide So From discharge from the .hospital Been
8-2-5 researchstrategy__
this the part also Contains Check And Evidence review Epidemiological Suicide in Iran, implementation of Analytical studies And cause knowing At Background Suicide, determination And Assessment of causes updated Behavior Suicide, Assessment the effect every type intervention Treatment, evaluation Consciousness And attitude population General And Personnel Health system And treatment Ratio To . phenomenon Suicide, Was
,Unfortunately From the budget Allocation Data done To Plan National prevention of Suicide At Iran framework when And also Rate assessment Success this Plan Informational At Hand is not That Undoubtedly the answer To this Hints vague, Effort And Effort Officials And notification delivery they ,particle for direct object it is needed. (Dost Mohammadi and Rezaian8831 :8838 (
Conclusion
In the laws of England, suicide used to be a crime, but it has not been so for many years, but when this
crime was abolished, the crime of aiding and abetting suicide remained on the basis that aiding a person to take his own life must be done with an ulterior motive. For example, by being a beneficiary in the decedent's will, wherever a person dies due to the acts of another and that person intends to .cause the death, he may be liable for manslaughter
All divine religions (Judaism, Christianity and Islam) have viewed suicide as a behavior that violates the right to life and considered it a sin that the perpetrator deserves punishment due to the violation of divine rights. The duty of protecting this divine gift as the first The subject of the first generation of human rights, the European Convention for the Protection of Human Rights, the Basic Declaration of .Human Rights, etc., has been emphasized and left to the legislator
In Iran, " respecting life and preventing suicide " is the concern of the legislator, and for the perpetrators of suicide or some forms of aiding in suicide, according to the guarantee of civil execution, the ) annulment of the will under the conditions of Article 189 of the Civiland Criminal) Law, as described in Paragraph B of Article 81of the Law on Computer Crimes is included. However, as stated, suicide is not criminalized as one of the acts that violate life (independently) . It is a psychological problem and not a criminal intention, and considering the increase in the number of suicides in the country, it is appropriate for the legislator to adopt an arrangement whereby the perpetrator is treated and of course .not punished
On the other hand, the approval of the law on computer crimes can be considered a step in the direction of honoring life and preventing suicide, because despite the lack of criminalization of suicide, the legislator considered aiding in suicide as a crime, thus considering the absence of a note in the article 81 of the Criminal Code, which indicates the unity of intent between the assistant and the person committing suicide, the assistance in suicide is subject to the theory of independent criminality. With all these interpretations, there are significant flaws in the mentioned article; The most obvious flaw that can be seen in this article is that the Iranian legislator, unlike the English legislator, has limited the criminalization of assisting suicide to computer systems, telecommunications and data carriers, which .is far from legal logic
Another problem that can be brought to the legislator is that the legislator criminalized " inviting " to commit suicide in addition to the examples of vice. Inviting to commit suicide means calling to commit suicide. It seems that merely inviting to call someone to commit suicide It is not enough, because surely one of the examples of vice lies in invitation, which means that it is not possible that a person will be .convinced to kill himself and destroy himself without being provoked, encouraged, threatened, etc In addition to the mentioned cases, the other objections that can be raised in this article is that the legislator has used a monetary penalty in such a way that it seems that due to the decrease in the value of money over time, this type of punishment gradually loses its value. Therefore, it is proper for .the legislator to somehow include this punishment so that it does not lose its effectiveness over time If someone incites, incites, or threatens or deceives another in committing suicide or attempts to commit suicide, or facilitates or teaches the way to commit it, he will be imprisoned from ninety-one days to " .one year or fined up to five percent equivalent of the ransom . or both shall be punished Note: If the victim is a minor, the perpetrator will be sentenced to8 to8 years of imprisonment or a fine of five to ten percent of the dowry or both punishments, and if the victim is insane or a minor, the .perpetrator will be punished with Intentional murder or the initiation of it is condemned ,According to this pattern and similar to English law, it does not matter if the suicide is successful or not even if the suicidal act does not lead to death, the act of the perpetrator is still considered an accessory ,and is sentenced to the prescribed punishment. Another issue that In relation to this proposed model it is important that the punishment of the perpetrator is intensified if the person committing suicide is a minor, and even if someone, an insane person, or a minor is not a minor with special malice through incitement or persuasion or other mentioned examples. forced to commit suicide, such an act will be .punished with willful murder
Another point that has been taken into consideration in the presentation of this model is that by substituting the equivalent of money instead of money, the problem of the devaluation of money over .time is solved and the criterion of monetary punishment is money
Another point that is worth mentioning is that according to the mentioned condition, the use of a special
tool (in Article81 of the Criminal Code), if someone makes a suicide pact with another person and ,survives for any reason, it is considered an accessory to suicide. because in the suicide agreement there is no need for instances of vice to occur, whether one of the instances of vice is hidden in this agreement or not, the suicide agreement has occurred. Therefore, the contract of suicide is different from assisting in suicide. Although euthanasia is not the subject of this article, since it is a voluntary .type of suicide, a brief explanation is necessary in this regard
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