Przesłanki przypisania odpowiedzialności karnej za śmierć człowieka w przypadku doprowadzenia go do targnięcia się na własne życie

Abstract

The main research problem analysed in this study is the indication of the circumstances that should constitute the premises for assigning the result of a crime (death) in a situation where the death takes place, so to speak, by the “hands” of the victim. The study indicates the need to take into account the circumstances of the event, which help to show the differences between the situation where the perpetrator’s behaviour meets the requirements of a prohibited act under Art. 151 of the Criminal Code, the situation where the perpetrator should be considered jointly responsible for causing the result of the crime (death of another accomplice) and the situation where the perpetrator is solely responsible for the result of the crime (death of a person). The atypical nature of the third of the situations described is that the victim is an indirect perpetrator of the result (his death) and at the same time there are circumstances that allow him not to be held responsible for the result (his own death). This exclusion of liability is possible at various levels of the five-element structure of a crime. The research area designated in this way also accommodates the problem of establishing the circumstances indicating the degree of influence of the perpetrator’s behaviour on the occurrence of a selfdestructive behaviour on the part of the suicide.

Keywords

• suicide
• murder
• causing the result of the crime
• making a man take his own life
• indirect perpetration