Suicide legislation

From Wikipedia, the free encyclopedia
Suicide legislation by country
  Suicide and assisted suicide illegal
  Suicide legal, Assisted suicide illegal
  Suicide and assisted suicide legal

Suicide is a crime in some parts of the world.[1] However, while suicide has been decriminalized in many western countries, the act is stigmatized and discouraged. In other contexts, suicide could be utilized as an extreme expression of liberty, as is exemplified by its usage as an expression of devout dissent towards perceived tyranny or injustice which occurred occasionally in cultures like ancient Rome, medieval Japan, or today’s Chinese Tibet.

While a person who has died of suicide is beyond the reach of the law, there can still be legal consequences in relation to 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 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.[citation needed]

History[]

In ancient Athens, a person who had died of 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.[2] 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.[3]

The '' of 1823 abolished the legal requirement in England of burying suicides at crossroads.[4][5]

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)[]

Africa[]

Country/region Legality Penalty Notes
Suicide Physician-assisted suicide Voluntary euthanasia
 Algeria Un­known Un­known Un­known Un­known
 Angola Legal Illegal Illegal
Article 141. (Instigation or help to murder)
[6]
 Botswana Legal Illegal Illegal
Article 207. Suicide pacts
Article 222. Aiding suicide
[7]
 Burundi Un­known Un­known Un­known Un­known
 Cameroon Legal Illegal Illegal
Article 275. Murder
[8]
 Cape Verde Un­known Un­known Un­known Un­known
 Central African Republic Un­known Un­known Un­known Un­known
 Comoros Un­known Un­known Un­known Un­known
 Egypt Legal Illegal Illegal
Article 47.
[9][10]
 Equatorial Guinea Un­known Un­known Un­known Un­known
 Eritrea Legal Illegal Illegal
Art. 280. -Assisting Suicide.
[11]
 Ethiopia Legal Illegal Illegal
Art. 542. - Instigating or Aiding another to commit Suicide.
 Gabon Un­known Un­known Un­known Un­known
 Gambia Illegal Illegal Illegal Un­known [12]
 Ghana Illegal Illegal Illegal
Section 57—Abetment of Suicide. Attempted Suicide.
[13]
 Guinea-Bissau Un­known Un­known Un­known Un­known
 Kenya Illegal Illegal Illegal
209. Suicide pacts
225. Aiding suicide
226. Attempting suicide
[14]
 Lesotho Legal Illegal Illegal
37. Counseling and assisting suicide
 Libya Un­known Un­known Un­known Un­known
 Malawi Illegal Illegal Illegal
228. Aiding suicide
229. Attempting suicide
 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 Illegal Illegal Illegal Un­known
 Republic of the Congo Un­known Un­known Un­known Un­known
 Rwanda Legal Illegal Illegal
147. Suicide
 Senegal Un­known Un­known Un­known Un­known
 Seychelles Un­known Un­known Un­known Un­known
 Somalia Un­known Un­known Un­known Un­known
 South Africa Legal Illegal Illegal
 South Sudan Illegal Illegal Illegal
Article 213. Abetment of Suicide.
Article 214. Abetment of Suicide by a Child or an Insane Person.
Article 215. Attempt to Commit Suicide.
[15]
 Sudan Illegal Illegal Illegal
Article 213. Abetment of suicide.
Article 215. Attempt to Commit Suicide.
 Eswatini Un­known Un­known Un­known Un­known
 Tanzania Illegal Illegal Illegal
Article 216. Aiding suicide
Article 217. Attempting suicide.
[16]
 Togo Un­known Un­known Un­known Un­known
 Tunisia Un­known Un­known Un­known Un­known
 Uganda Illegal Illegal Illegal
Article 195. Suicide pacts.
Article 209. Aiding suicide.
Article 210. Attempting suicide.
[17]
 Western Sahara Un­known Un­known Un­known Un­known
 Zambia Legal Illegal Illegal
Article 200. Murder
[18]
 Zimbabwe Legal Illegal Illegal
Article 50. Inciting or assisting suicide
[19]

Americas[]

Country/region Legality Penalty Notes
Suicide Physician-assisted suicide Voluntary euthanasia
 Anguilla Legal Illegal Illegal
Article 158. Abetment of suicide
Article 159. Suicide pacts
[20]
 Antigua and Barbuda Legal Illegal Illegal
 Argentina Legal Illegal Illegal [21][22]
 Bahamas Illegal Illegal Illegal
Article 294. Abetment of suicide.
[23]
 Barbados Un­known Un­known Un­known Un­known
 Belize Legal Illegal Illegal
Article 109. Abetment of suicide.
[24]
 Bermuda Legal Illegal Illegal
Article 297. Suicide pacts
Article 300. Aiding suicide of another
[25]
 Bolivia Un­known Un­known Un­known Un­known
 Brazil Legal Illegal Illegal
Article 122. Induction, instigation or suicide aid.
[26]

[27]

 British Virgin Islands Un­known Un­known Un­known Un­known
 Canada Legal Legal Legal [28][29]
 Cayman Islands Legal Illegal Illegal
Article 187. Suicide pacts
[30]
 Chile Legal Illegal Illegal [31]
 Colombia Legal Legal Legal Un­known [32]
 Costa Rica Un­known Un­known Un­known Un­known
 Cuba Legal Illegal Illegal Un­known [33][34]
 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 Illegal Illegal Illegal
Article 97. Attempt to commit suicide
 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 Legal in some states Illegal
 United States Virgin Islands Un­known Un­known Un­known Un­known
 Uruguay Un­known Illegal Illegal
Article 315 Penal Code. Induction or aiding to suicide
[35][36]
 Venezuela Un­known Un­known Un­known Un­known

Asia[]

Country/region Legality Penalty Notes
Suicide Physician-assisted suicide Voluntary euthanasia
 Afghanistan Un­known Un­known Un­known Un­known
 Bangladesh Illegal Illegal Illegal
Article 305. Abetment of suicide of child or insane person
Article 306. Abetment of suicide
Article 309. Attempt to commit suicide
[37]
 Bhutan Legal Illegal Illegal
Article 150. Complicity in suicide
Article 151. Grading of complicity in suicide
[38]
 Brunei Illegal Illegal Illegal
Article 305. Abetment of suicide of child or insane person
Article 306. Abetment of suicide
Article 309. Attempt to commit suicide
[39]
 Cambodia Legal Illegal Illegal Un­known [40]
 China Legal Illegal Illegal Suicide in China
 Hong Kong Legal Illegal Illegal
CAP 212 OFFENCES AGAINST THE PERSON ORDINANCE
[41][42]
 India Legal Illegal Illegal
Article 305. Abetment of suicide of child or insane person
Article 309. Attempt to commit suicide
Mental Healthcare Act, 2017 (Decriminalisation of Suicide)
[43][44][45]
 Indonesia Legal Illegal Illegal
Article 345. Causing a Suicide to be Committed
[46]
 Iran Legal Illegal Illegal See reference [47]
 Iraq Legal Illegal Illegal
Article 408.
 Israel Legal Illegal Illegal
Article 302. Inducing or abetting suicide
[48]
 Japan Legal Illegal Illegal
Article 202. (Inducing or Aiding Suicide; Homicide with Consent)
[49]
 Jordan Legal Illegal Illegal
Article (339)
[50]
 Kazakhstan Legal Illegal Illegal
Article 102. Driving Someone to Suicide
Article 96. A Murder
[51]
 Kuwait Un­known Un­known Un­known Un­known
 Kyrgyzstan Legal Illegal Illegal
Article 102. Reducing to Suicide
Article 103. Compassing to Suicide
[52]
 Laos Legal Un­known Un­known Un­known [53]
 Lebanon Illegal Illegal Illegal Penalty for an attempted suicide: 3 months up to 5 years' imprisonment. [54]
 Macau Un­known Un­known Un­known Un­known
 Malaysia Illegal Illegal Illegal
Sec. 305 Abetment of suicide of child or insane person
Sec. 306 Abetment of suicide
Sec. 309. Attempt to commit suicide
[55]
 Maldives Un­known Un­known Un­known Un­known
 Mongolia Legal Illegal Illegal
Article 95. Bringing to suicide
[56]
 Myanmar Illegal Illegal Illegal
309. Attempting suicide
   Nepal Legal Illegal Illegal
Article 185. Abetment to Suicide
[57]
 North Korea Un­known Un­known Un­known Un­known
 Oman Illegal Illegal Illegal Un­known
 Pakistan Illegal Illegal Illegal
Sec. 325. Attempt to commit suicide:
[58]
 Palestine Un­known Un­known Un­known Un­known
 Philippines Legal Illegal Illegal
Art. 253. Giving assistance to suicide.
[59]
 Qatar Legal Illegal Illegal
Article (305)
[60]
 Saudi Arabia Un­known Un­known Un­known Un­known
 Singapore Legal Illegal Illegal
Section 305. Abetment of suicide of child or insane person
Section 306. Abetment of suicide
Suicide discriminalised
[61][62][63][64]
 South Korea Legal Illegal Illegal
Article 252 (Murder upon Request or with Consent)
[65]
 Sri Lanka Legal Illegal Illegal
299. Abetment of suicide
[66]
 Syria Illegal Illegal Illegal Un­known
 Taiwan Legal Illegal Illegal Un­known [67]
 Tajikistan Legal Illegal Illegal
Article 109. Driving to Suicide
[68]
 Thailand Legal Illegal Illegal
Section 292
Section 293
[69]
 Turkmenistan Un­known Un­known Un­known Un­known
 United Arab Emirates Illegal Illegal Illegal
Article 335
[70][71][72]
 Uzbekistan Legal Illegal Illegal
Article 103. Bringing to Suicide
[73]
 Vietnam Legal Illegal Illegal
Article 100. Forced suicide
Article 101. Inciting or assisting other persons to commit suicide
[74]
 Yemen Illegal Illegal Illegal Un­known

Europe[]

Country/region Legality Penalty Notes
Suicide Physician-assisted suicide Voluntary euthanasia
 Albania Legal Illegal Illegal
Article 99 Causing suicide
[75]
 Armenia Legal Illegal Illegal
Article 110. Causing somebody to commit suicide.
Article 111. Abetment of suicide.
[76]
 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. [77]
 Azerbaijan Legal Illegal Illegal
Article 125. Bringing to suicide
[78]
 Belarus Legal Illegal Illegal
Article 105. Bringing to Suicide
[79]
 Belgium Legal Legal Legal Legal since 2002
 Bosnia and Herzegovina Legal Illegal Illegal Un­known
 Bulgaria Legal Illegal Illegal
Art. 127.
[80]
 Croatia Legal Illegal Illegal
Article 96 Participating in Suicide
[81]
 Cyprus Illegal Illegal Illegal
214. Attempt to murder.
288. Abetting suicide.
219. Attempting suicide.
[82]
 Czech Republic Legal Illegal Illegal
Section 144 Accessory to Suicide
[83]
 Denmark Legal Illegal Illegal
§ 240
[84]
 Estonia Legal Illegal Illegal [85]
 Finland Legal Legal Illegal Un­known
 France Legal Illegal Illegal Un­known
 Georgia Legal Illegal Illegal A suicide attempt is punished by a fine of 500 Lari.[86][87][88]
Article 115 - Incitement to suicide
[89]
 Germany Legal Legal Illegal [90] [91]
 Gibraltar Legal Illegal Illegal
158. Suicide pacts.
159. Complicity in suicide.
[92]
 Greece Legal Illegal Illegal Un­known
 Hungary Legal Illegal Illegal
Section 162
[93]
 Iceland Legal Illegal Illegal
Art. 214
[94]
 Ireland Legal Illegal Illegal Un­known
 Italy Legal Illegal Illegal Un­known
 Kosovo Legal Illegal Illegal
Article 183 Inciting suicide and assisting in suicide
[95]
 Latvia Legal Illegal Illegal
Section 124. Causing a Suicide to be Committed
[96]
 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
Article 133. Incitement of suicide or leading a person to suicide.
[97]
 Luxembourg Legal Legal Legal
 Malta Legal Illegal Illegal
213.
[98]
 Moldova Legal Illegal Illegal Un­known
 Montenegro Legal Illegal Illegal
Article 149 Incitement to suicide and aid in the commission of suicide
[99]
 Netherlands Legal Legal Legal [100]
 North Macedonia Legal Illegal Illegal
Article 128 Instigation to suicide and helping in suicide
[101]
 Norway Legal Illegal Illegal Un­known
 Poland Legal Illegal Illegal
Articles 150. and 151.
[102]
 Portugal Legal Illegal Illegal Un­known
 Romania Legal Illegal Illegal
Article 191. Determining or facilitating suicide
[103]
 Russia Legal Illegal Illegal
Article 110. Incitement to Suicide
[104]
 Serbia Legal Illegal Illegal
Article 119 Incitement to Suicide and Aiding in Suicide
[105]
 Slovakia Legal Illegal Illegal
Section 154 Participating in a Suicide
[106]
 Slovenia Legal Illegal Illegal
Article 120 Solicitation to and Assistance in Suicide
[107]
 Spain Legal Legal Legal
Article 143
[108]
 Sweden Legal Legal, with some exemptions Illegal
Penal Code, Chapter 3 § 1 Murder
[citation needed]
  Switzerland Legal Legal Illegal [109]
 Turkey Legal Illegal Illegal
ARTICLE 84 Suicide
[110]
 Ukraine Legal Illegal Illegal Un­known
 United Kingdom Legal Illegal Illegal
Criminal liability for complicity in another's suicide.
[111][112]

Oceania[]

Country/region Legality Penalty Notes
Suicide Physician-assisted suicide Voluntary euthanasia
 American Samoa Legal Illegal Illegal
46.3506 Promoting suicide.
[113]
 Australia Legal Legal, except for New South Wales, Northern Territory and Queensland Legal in the state of Western Australia
 Fiji Legal Illegal Illegal
199.-
[114]
 Guam Legal Illegal Illegal Un­known
 New Zealand Legal Illegal (Legal from 7 November 2021) Illegal (Legal from 7 November 2021)
 Northern Mariana Islands Legal Illegal Illegal Un­known
 Palau Legal Illegal Illegal Un­known
 Papua New Guinea Illegal Illegal Illegal
310. AIDING SUICIDE.
311. ATTEMPTING TO COMMIT SUICIDE.
[115]
 Samoa Un­known Un­known Un­known Un­known
 Solomon Islands Un­known Un­known Un­known Un­known
 Tokelau Un­known Un­known Un­known
9. Counselling Suicide
[116]
 Tonga Un­known Un­known Un­known Un­known
 Vanuatu Un­known Un­known Un­known Un­known

Laws in individual jurisdictions[]

Australia[]

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 rather than murder if they killed the deceased party.[117] 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.

On 29 November 2017 the state of Victoria passed the Voluntary Assisted Dying Act, making it legal for a doctor to assist a terminally ill patient with less than six months to live to end their own life. The law came into effect on 19 June 2019.[118]

Legislation decriminalizing suicide in Australian States and Territories[]

Jurisdiction Legislation
Australian Capital Territory Crimes Act 1900 (ACT) s 16
New South Wales Crimes Act 1900 (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 by Criminal Code Amendment Act 1972 s 10)

Canada[]

The common-law crimes of attempting suicide and of assisting suicide were codified in Canada when Parliament enacted the Criminal Code in 1892. It carried a maximum penalty of 2 years' imprisonment.[119] 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.[120] 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.[121]

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.[122]

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 die of 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.[123][124][125]

In 1995 the Senate issued a report on assisted suicide entitled Of Life and Death.[124] In 2011 the Royal Society of Canada published its report on end-of-life decision-making.[126] In the report it recommended that the Criminal Code be modified so as to permit assistance in dying under some circumstances.[127] 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.[128] That report resulted in An Act respecting end-of-life care, which is set to come into force on December 10, 2015.[127][128][129]

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.[120][130] 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[131] 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.[132] 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.[133]

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.[134]

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.[135]

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.[135]

India[]

The Indian penal code 309 deals with punishment for attempted suicide. The Mental Health Care Act 2017 greatly limits the scope for the code to be implemented.[136] The bill states, “Any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and shall not be tried and punished under the said Code”.[137] State governments are required to provide adequate care and rehabilitation for such individuals as to prevent a recurrence of an attempt to suicide.

Iran[]

The act of suicide has not been criminalized in the penal law of the Islamic Republic of Iran.[138] However, no one is allowed to ask another to kill him/her.[138] 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.[138]

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.[139]

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.[140] 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.[138][140] 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.[138]

Ireland[]

Attempted suicide is not a criminal offence in Ireland and, under Irish law, self-harm is not generally seen as a form of attempted suicide. It was decriminalised in 1993.[141] 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[]

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.[142]

Netherlands[]

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

New Zealand[]

As with many other western societies, New Zealand currently has no laws against suicide in itself, as a personal and unassisted act. Assisted suicide and voluntary euthanasia will be legal in certain circumstances as from November 2021.[143] (For further details, see Euthanasia in New Zealand.)

Norway[]

Suicide or attempted suicide is not illegal in Norway. However, complicity is.[144]

Romania[]

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.[145]

Russian Federation[]

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.[146][147] See also: Dumb Ways to Die#Censorship in Russia.

Singapore[]

Suicide has been decriminalised since 5 May 2019, with the passing of the Criminal Law Reform Act,[148][149] which repealed Section 309[150] of the Singapore Penal Code. The law took effect on 1 January 2020.[151]

South Africa[]

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.[152]

United Kingdom[]

England and Wales[]

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.[153] It first became illegal in the 13th century. Until 1822, in fact, the possessions of somebody who died of suicide could even be forfeited to the Crown.[154]

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 dying by 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,[155] 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 died of 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 might eventually wish to die of assisted suicide, if her illness progressed.)

Scotland[]

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 it parallels the civil liabilities recognised in the (English Law) Reeves case mentioned above.

United States[]

Historically, various states listed the act of suicide as a felony, but these policies were sparsely enforced. In the late 1960s, 18 U.S. states had no laws against suicide.[156] By the late 1980s, 30 of the 50 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 suicide.[157] 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.[158] 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."[159] Physician-assisted suicide is legal in some states.[160] 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.[161]

In California, medical facilities are empowered or required to commit anyone whom they believe to be suicidal for evaluation and treatment.[162]

In Maryland, it is an open question as to whether suicide is illegal. In 2018, a Maryland man was convicted of attempted suicide.[163][164][165]

In New York State in 1917, while suicide was "a grave public wrong", an attempt to commit suicide was a felony, punishable by a maximum penalty of two years' imprisonment.[166][167]

See also[]

References[]

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