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International Journal of Law and Psychiatry: Brian L. Mishara, David N. Weisstub
International Journal of Law and Psychiatry: Brian L. Mishara, David N. Weisstub
a r t i c l e i n f o a b s t r a c t
Available online xxxx Copies were obtained of the criminal codes from 192 countries and states; in 25 suicide is currently illegal, and an
additional 20 countries follow Islamic or Sharia law where suicide attempters may be punished with jail
Keywords: sentences. The vast majority of countries have laws making it illegal to abet, aid or encourage suicide, but the na-
Suicide ture and punishment of the actions that are illegal varies. Laws in places with Civil, Common Law, Islamic Law and
Legalization Traditional Law systems are compared. Great variances in application were noted, sometimes within countries. It
Punishment
is impossible to estimate the number of persons currently in jail for having attempted suicide, but jail sentences
Attempted suicide
Laws
are still given to suicide attempters. Some countries do not prosecute suicide attempters despite the laws, while
Decriminalization others consistently jail suicide attempters. In countries where suicide attempts have been decriminalized,
attempters may still face prosecution when another person is injured or dies as a result of their suicide attempt
or where the attempter is a member of the military. We discuss the roots of laws making suicide, aiding, and en-
couraging suicide illegal and examine prospects for future changes. The recent Supreme Court Decision in
Canada, invalidating the law making it illegal to assist in the suicide of physically ill people who are suffering
(abeit with restrictive conditions) illustrates current trends towards “liberalization” of assisted suicide.
© 2015 Elsevier Ltd. All rights reserved.
At the beginning of the nineteenth century, most countries had laws in these countries suicide attempters may be punished without having
that provided for punishment, including jail sentences for persons who a specific statute (see Table 2). Penalties stipulated in the laws range
attempted suicide. However, in the last 50 years the situation has from a small fine or short imprisonment to a lifelong sentence. The ma-
changed significantly. Not all countries have decriminalized suicide, jority of the countries, despite having laws stipulating punishments for
but most have laws making it a criminal offense to incite or assist a per- suicide attempts, do not prosecute or punish attempters. The situation
son to commit the act.1 This article provides an overview of the legal sta- remains complex and practices and jurisprudence are sometimes incon-
tus of suicide and suicidal behaviours worldwide and discusses sistent. A minority persists in putting suicide attempters in prison.
explanations of why suicidal behaviours are punished. Complexities are illustrated by the following examples: In
Singapore, police report that they consistently arrest attempters, but
first attempters are generally not prosecuted and leave the police sta-
1. Punishment for attempted suicide
tion with a severe warning of the dire consequences of a repeated at-
tempt. However, after a second attempt, the attempter is prosecuted
Findings indicate that of 192 independent countries and states, 25
and a jail sentence is usually given. In Somaliland, the autonomous but
currently have specific laws and punishments for attempted suicide
not officially recognized state in Western Somalia, attempters are con-
(see Table 1). An additional 20 countries follow Islamic or Sharia law;
sistently jailed, and a group of volunteer lawyers work to provide sui-
☆ Thanks to Anh Tu Tran who researched the laws which are the basis of this review. cide attempters with legal counsel and help get them released from
E-mail address: mishara.brian@uqam.ca (B.L. Mishara). jail to receive treatment. In Guyana, judges no longer sentence people
1
There is no central depository of the laws of all countries. Not all penal codes have to jail, but newspaper reports indicate that police occasionally arrest
been translated into English or another common language; furthermore laws and jurispru- suicide attempters, only to have a judge release the attempter
dence are in flux. Statutory laws are summarized, copies of their laws were assembled
afterwards.
through Departments of Justice and acting Ministers concerning the legal status of suicide,
attempted suicide and related issues, and responses were solicited about jurisprudence Twenty-three of the 25 countries which have laws providing for
and applications of the laws in current practice. Internet searches were done about the punishment of suicide have suicide rates for 2012 reported by the
prosecution of people for attempting suicide and enforcement of laws or regulations in World Health Organization (2014). Of these, 13 countries have stan-
place. Copies were obtained of the criminal codes from the countries recognized by the dardized suicide rates higher than the world average of 11.4 per
United Nations, as well as from other territories with a justice system and criminal code,
the individual states in the United States and territories in Australia. When pertinent laws
100,000 population per year, and 10 have rates lower than the world av-
were unobtainable following correspondence, internet searches were conducted and rel- erage (see Table 1). Between 2002 and 2012, rates in 11 of the 23 coun-
evant Embassies in Canada or the United States consulted. tries increased and they decreased in 13. Overall, one cannot conclude
http://dx.doi.org/10.1016/j.ijlp.2015.08.032
0160-2527/© 2015 Elsevier Ltd. All rights reserved.
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
2 B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx
Table 1
Legal status of attempted suicide where penal code specifies as illegal, by country.
Bahamas Common Law Penal Code Art. 294 - Attempt to commit suicide 2.3 −23.6%
Where the suicide is attempted: imprisonment for life.
Bangladesh Common law, Penal Code, 1860 Art. 309 - Attempt to Commit Suicide 7.8 −0.1%
Islamic Law Where the suicide is attempted: simple imprisonment
for one or more years, or penalty of a fine, or both.
Brunei Darussalam Islamic Law, Penal Code (Cap. 22 of 1951) Art. 309 - Attempt to Commit Suicide 6.4 +16.9%
Common Law, Where the suicide is attempted: simple imprisonment
Traditional Law for one or more years, or penalty of a fine, or both.
Cyprus Civil Law, Criminal Code, Chapter 154 Art. 219 - Attempt to Commit Suicide 4.7 +269.8%
Common Law Where the suicide is attempted: the offender is guilty of
a misdemeanour.
Ghana Common Law, Criminal Code of 1960, Act Section 57 (2) - Attempt to Commit Suicide 3.1 +18%
Traditional Law 29 Where the suicide is attempted: the offender is guilty of
a misdemeanour
Guyana Common Law, Criminal Law (Offences) Act Art. 97 - Attempt to Commit Suicide 4 −8.5%
Civil Law Criminal Law (Offences) Act Where the suicide is attempted: the offender is guilty of
(No. 18 of 1893) (Cap. 8:01) a misdemeanour and liable to imprisonment for 2 years.
1894
India* Common Law, Penal Code, Act N° 45 of Art. 309 - Attempt to Commit Suicide 21.1 −9.2%
*In December 2014 the Islamic Law, 1860 Where the suicide is attempted: simple imprisonment
government announced that Traditional Law for one or more years, or penalty of a fine, or both.
attempted suicide was to be
decriminalized
Kenya Common Law, Penal Code, Chap. 63 CH.63 S.226. Attempt to Commit Suicide 16.5 −1.6%
Islamic Law, Where the suicide is attempted: the offender is guilty of
Traditional Law a misdemeanour.
Lebanon Civil Law, Penal Code of 1943 Imprisonment for attempted suicide 0.9 −46.4%
Traditional Law
Malawi Common Law, Penal Code, Ch. 7:01 Art. 229 - Attempting Suicide 16.0 +22.5%
Traditional Law Where the suicide is attempted: the offender is guilty of
a misdemeanour.
Malaysia Islamic Law, Malaysia Penal Code, Art. 309 - Attempt to Commit Suicide 3.0 −23.9%
Common Law, Act 574 Where the suicide is attempted: simple imprisonment
Traditional Law for one or more years, or penalty of a fine, or both
Myanmar Common Law, Penal Code of 1861 Art. 309 - Attempt to Commit Suicide 13.1 +8.2%
Traditional Law Where the suicide is attempted: simple imprisonment
for one or more years, or penalty of a fine, or both.
Nigeria Common Law, Criminal Code Act - Ch 27. Part 5. Art 327. Attempt to Commit Suicide 6.5 +2%
Islamic Law, Chapter 77 - Laws of the Where the suicide is attempted: the offender is guilty of a
Traditional Law Federation of Nigeria 1990 misdemeanour, and is liable to imprisonment for 1 year.
Pakistan Islamic Law, Pakistan Penal Code, Act Art. 325 - Attempt to Commit Suicide 9.3 −15.9%
Common Law XLV of 1860 Where the suicide is attempted: simple imprisonment
for one or more years, or penalty of a fine, or both.
Papua New Guinea Traditional Law, Criminal Code Act 1974 Art. 311 - Attempt to Commit Suicide 12.4 −15.9%
Common Law Where the suicide is attempted: the offender is guilty of a
misdemeanour, and is liable to imprisonment for 1 year.
Qatar Islamic Law, Civil Penal Code, Law n° Art. 304 - Attempt to Commit Suicide 4.6 12.6%
Law, Common 11 of 2004 Where the suicide is committed by using, executing any
Law, Traditio-nal actions that usually lead to death: imprisonment for up
Law to 6 months and to penalty of a fine of up to 3000 riyals,
or one of these two penalties.
Saint Lucia Civil Law, Criminal Code, n° 9 of 2004 Art. 94 - Suicide: Aiding and Abetting of Suicide,
Common Law Attempt to Commit Suicide
Where the suicide is attempted: imprisonment for 2 years.
Singapore Common Law, Penal Code, Chap. 224 Art. 309 - Attempt to Commit Suicide 7.4 −32.9%
Islamic Law (16/9/1872), revised 1998 Where the suicide is attempted: the offender is guilty of a
misdemeanour, and is liable to imprisonment for 1 year.
Exception 5 - Culpable Homicide not Considered as a
Murder
Where the person who commits the suicide is above the
age of 18 years old, suffers death or takes the risk of death
with his own consent.
Somalia Islamic Law, Penal Code, Decree n° Art. 437 - Attempt to Commit Suicide 12.4 +0.6%
Common Law 5/1962
South Soudan Common Law Penal Code Act, 2008 Art. 215 - Attempt to Commit Suicide 19.9 −4.8%
Where the suicide is attempted: the offender is guilty of a
misdemeanour, and is liable to imprisonment for 1 year.
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx 3
Table 1 (continued)
Sri Lanka Civil Law, Penal Code (Ordinance n° Art. 302 - Attempt to Commit Suicide 28.8 −45.4%
Common Law, 2 of 1883)
Traditional Law
Sudan Islamic Law, Penal Code, 2003 Section 261 - Attempt to Commit Suicide 17.2 +12.9%
Common Law Where the suicide is attempted: the offender is guilty of a
misdemeanour, and is liable to imprisonment for 1 year.
Tonga Common Law Criminal Offences Act Art. 100 - Suicide
(Cap. 18) Where the suicide is attempted: imprisonment for 3 years.
Uganda Common Law, Penal Code Act, 1950 Art. 210 - Attempt to Commit Suicide 19.5 +5.1%
Traditio-nal Law (ch 120) Where the suicide is attempted: the offender is guilty of
a misdemeanour.
United Republic of Tanzania Common Law, Penal Code, Cap 16, 1945 Art. 217 - Attempt to Commit Suicide 24.9 +4.6%
Traditio-nal Law (last amended 1963) Where the suicide is attempted: the offender is guilty of
a misdemeanour.
that countries that punish attempted suicide have lower or higher rates publication of this paper, the government had not yet implemented
than other countries, nor that the changes in suicide rates in these coun- this decision.
tries between 2002 and 2012 are different from the rest of the world. Even in countries where suicide has been decriminalized, there are
cases where people have been jailed for attempting suicide. In the
United States in 2011, Bei Shumi, was arrested and prosecuted for mur-
2. Punishment for abetting, aiding or encouraging suicide
der, after she attempted suicide while pregnant; the child died shortly
after birth (Pilkington, 2011). She faced charges of up to 20 years in
Most countries, including those where suicide attempts have been
jail or the death penalty. She was freed in 2013 following a massive
decriminalized, have laws making it illegal to abet, aid or encourage sui-
media campaign, after agreeing to plead guilty to criminal recklessness.
cide, but the nature of the actions that are illegal varies greatly, as well
People who attempt suicide by a car ‘collision’ may be prosecuted for
as the nature of the punishments. Of the 192 countries, 142 have laws
voluntary manslaughter if an occupant of the other car, or a bystander,
that stipulate punishments, including jail sentences, for assisting or en-
dies in the crash. In collision suicides, voluntary manslaughter can be in-
couraging a suicide (see Table 2). The wording of what is covered by
voked. For example in England under Section 2 of the Homicide Act
these laws varies greatly, and again, the extent of enforcement is incon-
(Government of the United Kingdom, 1957) one may use the defense
sistent. Some examples of the variety of descriptions of what is illegal
of diminished responsibility, in order to claim that the death was
may be seen in a sampling of the specific wording of what is deemed
manslaugher rather than intentional homicide; the defendant must
to be illegal in the laws: “complicity in suicide” in Bhutan and several
have suffered from an “abnormality of mind” at the time of the killing
other countries; “suicide pacts” in Kenya; “direct provoking of a minor
in the process of attempting suicide. These situations indicate that
to suicide” in Djibouti; “driving someone to suicide or make a suicide at-
even if suicide attempts are decriminalized, there is always the risk of
tempt by way of threatening, cruel treatment or systematic humiliation
prosecution for provoking or causing harm to others as a secondary, ei-
of human dignity for the victim” in Kazakhstan, Tajikistan, Ukraine,
ther intentional or unintentional consequence of a suicide attempt.
Uzbekistan and Kirgizstan; “force, seduce, maintain or introduce chil-
In some instances, military personnel who attempt suicide may be
dren or youth to commit suicide” in Taiwan; “causing someone to com-
prosecuted. In the United States, Private Lazzaric Caldwell (Dishneau,
mit suicide” in Armenia; “any person who cruelly treats, constantly
2015), who, according to court records, suffered from depression and
intimidates, ill-treats and humiliates a person dependent on him\her in-
post-traumatic stress disorder, was prosecuted for having attempted
ducing the latter to commit suicide” in Vietnam; “aids or instigates a
suicide. After ceasing to take his antidepressants, believing that they
child or person who is unable to understand the nature of his act or
were causing seizures, he slashed his wrists. The Army prosecuted
who is unable to control his act, to commit suicide” in Thailand.
him for his “self injury,” contending that his suicide attempt was “prej-
udicial to good order and discipline” according to Article 134 of army
3. Decriminalization of attempted suicide regulations. He was convicted and sentenced to 180 days in jail and
given a dishonorable discharge. An appeals court eventually overturned
There are no data or case reports indicating that decriminalization the conviction, but the law may continue to be used as a disciplinary
increases suicides; in fact suicide rates tend to decline in countries strategy for suicide attempts which are deemed unacceptable in the
after decriminalization. However, it may occur that decriminalization military.
will result in increased reporting of suicides once the fear of legal re-
criminations for suicide is eliminated. In some countries, the political re-
alities are such that decriminalization is unlikely to take place, despite 4. Why punish suicide attempters?
recognition by many that suicide should be treated as a mental health
problem rather than criminal behaviour. For example, in Lebanon both Punishment may be perceived as having utilitarian value in reducing
the Moslem and Christian political parties have not found it politically crime or repetition of an act that is socially sanctioned. In the case of
acceptable to change the laws about suicide, but these laws are rarely punishing suicide attempters, there are no empirical data supporting
enforced. On December 10, 2014, the government of India announced the belief that the threat of incarceration has a preventive effect. Suicide
that it had decided to decriminalize suicide in India by removing rates are not generally lower in countries that have laws punishing
Section 309, which provides for imprisonment for up to one year, a attempters, despite the fact that one might assume that reported sui-
fine, or both for persons who attempt suicide, following the recommen- cides should be lower where suicide attempts are illegal, because of ten-
dations of the Law Commission of India (2008) report on the humaniza- dencies to underreport suicide mortality in places where suicide is
tion and decriminalization of attempt to suicide. However, as of the viewed as unacceptable.
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
4 B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx
Punishments express the sentiments of the collectivity. As James community also has rituals to redeem and reclaim the chastened of-
Fitzjames Stephen stated (1883, cited in Kahan, 1996, p. 594): “laws fender afterwards.
give definite expression and solemn ratification …to the hatred which For Massaro, shaming requires witnesses who are considered to be
is excited by the commission of an offense.” Expressive theories of pun- important to the offender, who in learning of the shameful act will con-
ishment, which emphasize the value of punishment as venting or ex- demn it. This results in fear of abandonment and rejection that can have
pressing moral condemnation, have been harshly criticized as being a dissuasive effect on potential perpetrators. Massaro states that fear of
primitive in not considering the usefulness of such practices. However, shaming “operates as a powerful sanction in most Mediterranean cul-
others, such as Kahan (1996), find value in expressive punishment, par- tures, given the important role of honor and family (1991, p.1911).
ticularly because of the potential benefits of shaming the perpetrator Until recently, the Mediterranean region has had consistently lower
(discussed below). than the world average suicide rates. However, suicide rates have
Punishment of suicide attempters can also express the desire for ret- been increasing, significantly in Italy and Greece following the recent
ribution in order to do justice and punish a person who commits a rep- economic crisis, which indicates that the explanation of the effective-
rehensible or immoral act. If one believes that to take one’s own life is ness of shaming as a deterrent may be an ecological fallacy, where
tantamount to murdering another person and that it is not consequen- macro level differences are fallaciously used to explain the behaviours
tial that the life taken is the person committing the act, retribution may of individuals.
be seen as required. However, in order to justify retribution, it is as- According to Massaro (1991), shaming practices are most effective
sumed that the person committed a conscious act of will. This assump- and meaningful when people fear that the shaming practices will actu-
tion, that suicide attempts are intentional acts, is complicated by the ally compromise a member of a close knit community’s social standing.
presumption, supported by scientific data (Mishara & Tousignant, Massaro argues that “if shaming....(is) premised in inflated, ethnocen-
2004; World Health Organization, 2014) that people who attempt sui- tric, or otherwise inaccurate estimations of likely community respon-
cide generally suffer from a mental illness that compromises their abil- siveness to public punishments, then they cannot produce the
ity to make rational or “correct” choices. Liberal reactions in the main, favorable outcomes that these reformers claim will occur” (1991,
regard punishment of suicide attempters as a misplaced projection of p.1928). Massaro concludes that shaming is ineffective in cultures
societal anger towards persons who engage in behaviours forbidden such as the U. S. where there is a lack of strong social norm cohesiveness
by widely accepted mores and/or religion. and an absence of witnesses. Contemporary societies in the industrial-
Another aspect of punishment is its use to publicly shame a person ized world also do not meet these criteria, particularly in urban cultures
committing an offense to express societal condemnation. A telling in- where close knit social integration is lacking. Braithwaite (1993) coun-
stance was the 18th century practice, where the body of a person who ters with the contention that although people living in a village are
died by suicide in Quebec, Canada was dragged through the streets more vulnerable to shame by their neighbors than in a city, twentieth
and hanged in a public place. Today, in many societies, the bodies of sui- century city dwellers have a set of colleagues at work, in clubs, parents
cide victims are beaten or otherwise “humiliated” and buried outside of and citizen’s committees, and schools, that can mobilize disapproval.
cemetery grounds. Imprisonment for attempting suicide often reflects Social isolation is one of the prime vulnerability factors for a suicide
the desire to humiliate and shame both the person who committed attempt (Mishara & Tousignant, 2004; World Health Organization,
the act and their family, by public affirmation. 2014). Persons at greatest risk have serious mental health problems
Kahan (1996; 2002) describes three contemporary shaming punish- that marginalize them from the potential sources of social shunning
ments: stigmatizing publicity, literal stigmatization (stamping the of- that Braithwaite enumerates. Furthermore, shunning is in and of itself
fender with a mark or symbol), self-debasement penalties and a potent risk factor in already vulnerable populations.
contrition. Punishment of suicide attempters can be considered stigma- The marginal status of suicide attempters in general and the lack of
tizing as the attempter’s status is publicized. Their punishment may also indications of any preventive effects of punishment of attempters indi-
involve self-debasement as they are made to participate in a trial where cate that the shaming impact of laws criminalizing suicide attempts do
their offence is described through a ritual disgrace. Public acts of contri- not have favourable outcomes and may, by branding attempters further,
tion are not an essential part of the prosecution of offenders, although inhibit help seeking and the use of suicide prevention and mental health
some may apologize for having attempted suicide during their trial. services.
Kahan argues that the expression of condemnation is at least as impor-
tant to shaming penalties as the infliction of the shame itself. Kahan ar- 5. Recommendations for decriminalization of attempting suicide
gues that although there is little empirical evidence of the efficacy of
shaming to deter repeated offenses, shaming penalties express appro- There is a need to promote the decriminalization of suicide in the
priate condemnation and may be both effective deterrents and just. countries which have laws that treat suicide attempters as criminals
He contends that shaming sends a clear signal about what “well formed rather than as persons needing help for their mental health and related
persons should and shouldn’t” do and reinforces belief-dependent pro- problems. Moreover, it would be useful to promote the adoption of a
pensities to obey the law. Furthermore, he states that shaming penalties standardized definition of aiding, abetting and assisting in suicide in
promote confidence in the law. One may question the extent to which order to develop more consistent laws and practices internationally. In
these justifications for shaming punishments apply to suicide some countries illegal activities are limited to minors, in others only sui-
attempters, who are likely to have a mental disorder, often attempt sui- cide pacts are illegal and in some the nature of the illegal acts are so
cide while under the influence of alcohol or drugs which compromise broadly defined that inadvertent slights to people who attempt suicide
their ability to think about the consequences of their attempt, and may be interpreted as inciting their death. Furthermore, as the internet
whose risk of repeated attempts is more likely to be reduced by mental is increasingly used to incite people to suicide and provide information
health treatment and psycho-social care than fear of being shamed on suicide methods, laws and international jurisprudence need to ad-
again by a repeated attempt. dress aiding and abetting suicide in cyberspace. In those countries
Braithwaite (1989) believed that public shaming is useful since it where decriminalization has not and will not occur, it is still useful to
helps create a shared, moral conception of order. Massaro (1991) criti- develop strategies for giving mental health assistance to suicide
cized this view by contending that law enforcement and judges are attempters.
not family members ready to shun offenders, and thus ineffective in in- Although religious and cultural values are important to respect,
culcating cultural shame values. Furthermore, Massaro notes that an- countries with liberal values have already successfully decriminalized
thropological studies suggest that the effectiveness of shaming as a suicide by promoting the belief that suicide attempters have not inten-
method of norm enforcement depends upon whether or not the tionally gone against dominant religious precepts and cultural values.
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx 5
This is buttressed by empirical evidence that denotes a pervasive inabil- We favor the latter interpretation. What is fascinating about the deci-
ity to make an informed and competent decision due to a mental disor- sion is that its central theme is to effectively decrease the likelihood
der, substance use and\or being in a crisis situation. Furthermore, that persons will commit suicide (even though attempted suicide is
suicide attempts usually occur when a person is experiencing severe not a crime) by seeking illegal remedies such as procurement of illegal
psychic pain and attempters often have consumed alcohol or drugs at drugs, or in attempting suicide inefficiently, adding to an existing un-
the time of their attempt. It is a reasonable assumption that the vast ma- bearable level of suffering.
jority of suicide attempters need help and mental health services for In embracing, in very limited and restricted conditions, the right of a
their problems (WHO, 2014). We conclude that in an overwhelming person to have “another”, namely medical practitioners, to assist in end-
majority of cases it is most efficacious to treat suicidal behaviour as a ing one’s life, the Supreme Court has underlined certain essential social
psycho-social and mental health problem. values that it claims are a part of, as we have already observed, both
constitutional and common law decisions. That is to say, they do not
6. Moral justifications for criminal penalties for assisting, inciting conclude that they have made a new law but rather, consolidated pre-
and encouraging suicide vailing trends. In Canadian law as elsewhere there is no governmental
interference with persons who deny medical lifesaving treatment, as it
Despite the decriminalization of suicide attempts, we continue to is considered a first principle that one has bodily integrity and the
distinguish from moral and legal points of view, between the individual right to decide about one’s future, even over and against sound medical
act of attempting suicide and having someone assist, incite or encourage advice. The decision does not go so far as to indulge the possibility that
suicidal behaviours. Even in jurisdictions where euthanasia or assisted ordinary citizens could take on the interventionist responsibility once
suicide has been legalized for persons who are terminally ill or with in- called upon by a person suffering from irremediable and unbearable ill-
terminable suffering, assisting in a suicide remains controversial. In ness and whose competency is beyond reproach. Where there is a com-
responding to this reality it is critical to differentiate instances when a promise of intelligence or judgement, i.e. incapacity, there are means
person has a deteriorating or chronic physical illness, from circum- and measures already existing in law that are meant to protect vulner-
stances of psychological/emotional suffering. able populations. In deferring to the responsibility of the federal Parlia-
Regardless of commitments to a specific set of values, be they reli- ment and the Provincial Legislatures to frame and develop legislative
gious beliefs, utilitarian oriented social environments, or western liberal provisions following Carter v. Canada, the Supreme Court has made it
ones, we contend that there is a broad consensus that aiding and abet- clear that it is in the hands of the public conscience through their repre-
ting suicide is morally unacceptable and should bring legal sanctions. sentatives to fix the contours that are a part of a civilised society that has
Despite respecting a small minority of cases of rational suicide at its centre a commitment to the respect for personhood.
(Cooley, 2007), is there a growing consensus that the person being In part, the Supreme Court’s justification of permitting assisted sui-
assisted is in a fragile condition where their conscious will is compro- cide involves distinguishing between actions within the purvue of
mised? Indeed, which theory of punishment is most enlightened with “health care”, and actions to aid and abet suicide when there is no health
respect to our impetus to punish aiding and abetting? Is it linked to ret- issue, that is, when the person who wants to die is not suffering from a
ribution or is there, moreover a component of re-educating the alleged “grievous and irremediable medical condition” (p.5).
perpetrator about dissuading conduct that compromises free and ratio- What constitutes a quality of life question is obviously a matter of
nal capacity for choice? political turmoil. It is rife with subjectivity but once we have established
In addressing the categories of perceived perpetrators who aid and ‘the principle’ that it is ‘the person’ who has the ultimate say, that should
abet a suicide, we should take care not to conflate a complicated set of not be an issue for either philosophical or juridical disputes between the
actors who are variously motivated, revealing distinctive psychological persons and the state. Having said that, it is now a burden upon govern-
profiles. In the case of assisted suicide of a terminally ill person who is mental bodies to bring forward legislation, albeit controversial poten-
experiencing interminable and insufferable pain, altruistic and compas- tially in the application, which will make it a matter of public record
sionate reasons are likely present. But others may have a personal gain and review as to how end-of-life cases will be regarded within stated
from the suicide outcome, i.e. relatives who inherit, or overburdened parameters.
caregivers. In some manifestations, sadists incite to suicide. It must be The court sided with the trial judge in Vancouver to take the view that
admitted that there are individuals who obtain pleasure in frequenting there is no convincing evidence that there have been serious transgres-
online forums to achieve their malevolent plans. sions on persons where provisions have been in place, and where review
procedures have been a part of the process of guaranteeing individual
7. Decriminalizing aiding and abetting suicide for compassionate protection. With further evidence received at the level of the Supreme
reasons – the canadian supreme court decision Court, the justices conceded that there are some controversial data
about transgressions. But they have expressed the opinion that Canada
In a landmark decision of the Judgements of the Supreme Court of should be distinguished from select countries of Western Europe. They
Canada (2015), the Justices of the Court unanimously decided to assert that Canada has its own brand of liberal culture that still preserves
decriminalise the provisions on ‘aiding and abetting’ in the Criminal an inherent caution which is not in sync with the more casual outlook on
Code of Canada, reversing their earlier decision in Rodriguez: the question as in Belgium, and perhaps also the Netherlands. The Su-
“Section 241 (b) and s.14 of the Criminal Code (the sections making it preme Court leaves it to Parliament and Provincial Legislatures to enact
a crime to assist in suicide) are of no force and effect to the extent that legislation denoting the parameters of practicing physician’s assistance,
they prohibit physicial assisted death for a competent adult person consistent with the reasoning of the Carter decision.
(p.4) …The prohibition of physician-assisted dying infringes the right In Quebec Province, the National Assembly passed a law legalizing
to life, liberty and security of the person in a manner that is not in accor- “medical aid in dying,” which renders euthanasia an acceptable practice
dance with the principles of fundamental justice (p.6)” It is interesting as part of the medical care options for persons suffering from degener-
to unravel the extent to which the Canadian court could be viewed as ei- ative and terminal illness (Assemblée nationale, 2014). They carefully
ther usurping the rightful privilege of Parliament or Legislatures, to ven- chose to depict these practices as part of medical care since in Canada,
ture into the controversial domain of physician assisted suicide; or from health is a provincial responsibility. Research has shown that the gener-
another vantage point, to have paid careful attention to the Canadian al public are confused about what is legal and what is not (Marcoux,
Charter of Rights and its provisions, while at the same time giving due Mishara, & Durand, 2007), and medical doctors are confused about
respect to the common law decisions of various courts on the question which practices have been legalized and which are already permitted
of the integrity of the person and the right to refuse medical treatment. (Marcoux, Boivin, Arsenault, Toupin, & Youssef, 2015). Half of
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
6 B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx
physicians fail to recognize that refusing life-sustaining treatment is al- greater affinity in its legal system and political consciousness to civil
ready legal and only 35% correctly identified that it is active euthanasia law jurisdictions in Western Europe.
that had just been legalized by the Quebec law. It is likely that the UK will follow the Canadian Supreme Court’s de-
The social science literature which has monitored the jurisdictions cision and pass a statute, still under discussion, that will be consonant.
where aiding and abetting by physicians has been decriminalised, Ore- France, which has had extensive public discussion on the topic, will
gon along with a number of other American states, and the Western shortly have to take its place within the debate on physician-assisted
European countries already cited, including Luxembourg, reveal that suicide and euthanasia. The definitions of suicide, assisted suicide, and
there are various modes of surveillance that are adaptive to the local euthanasia continue to be a matter of public dispute, and there is a
culture (Mishara & Weisstub, 2013). Admitting that there have been need to define these terms restrictively and clearly as the legal reforms
no substantial escalations in suicide in the countries where the laws evolve.
have been tested over time, there are nevertheless controversial data
that have emerged about the role of doctors and the level of surveil- 8. Conclusions
lance. In this regard, it is important to consider the nature of family
medical practice in specific jurisdictions and the availability of practi- An increasing number of countries are legalizing or debating legali-
tioners in geographical zones to assist in the decision making process. zation of assisted suicide for persons who are terminally ill or have a
Inevitably in a multicultural society such as Canada, there are also issues chronic irreversible degenerative disease. Nevertheless, since few coun-
of urban vs. rural, ethnic and religious diversity, and highly conflicting tries have as yet decriminalized assisted suicide for the terminally ill
views about the limits of paternalism with regard to the medical (when certain guidelines are respected), we do not have substantial in-
profession. formation about the short and long term impact of these changes. This
There is the question of who should be entitled to sit on surveillance remains a debated area, where trends to liberalize assisted suicide will
committees. For example, there is an active review process in the inevitably clash with both ardent religious beliefs and advocates
Netherlands that monitors and reports in an open fashion the decisions whose mission is to protect vulnerable populations.
and how they were taken. Despite this, there are accusations in both As vulnerable persons increasingly seek help over the internet, we
Belgium and the Netherlands about the un-reporting and misreporting are witnessing, in chats and internet forums, malevolent individuals
of practitioners. But overall, the recent trend as analysed by Gerrit encouraging people to commit suicide, providing help to find “effective”
Kimsma (in press), in a forthcoming article, indicates that in the means to commit the act. Laws forbidding aiding and abetting suicide
Netherlands after years of experience, two-thirds of cases coming to thus far have not been effective in arresting these practices.
doctors are turned down due to the fear of being attacked for having The antithetical trends of increased liberalization on the one
abused procedures which require that all other means of alleviating suf- hand, and a heightened concern about controlling new technologies
fering must be exhausted before having recourse to euthanasia. Depen- on the other, are putting pressure on lawmakers to tighten existing
dence on other physicians and the reliability of documentation, can laws. These concerns will reflect changing social values about how
present weighty challenges for practitioners. So much so that a recent as a society we view end of life care and our obligations to protect
movement has intensified to take physicians out of the picture, and to the vulnerable.
introduce family members and close friends as allies in suicide. This
practice, which Kimsma calls “laicide,” would limit the role of physicians
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Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx 7
Table 2
Legal status of aiding and abetting suicide by country and state.
Afghanistan Islamic Law The Penal Code of Afghanistan Art. 397 - Instigating and Assisting Suicide-
Where a person instigates another to suicide and where the
suicide is committed: imprisonment for up to 7 years. Where the
suicide is only initiated: short imprisonment.
Albania Civil Law Criminal Code of the Republic of Albania Art. 99 - Causing Suicide
Where the victim commits or attempts suicide because she/he is
facing systematic maltreatment or other systematic
misbehaviours which seriously affect his/her dignity: penalty of
fine or imprisonment for up to 5 years.
Algeria Islamic Law, Civil Code Pénal Art. 273 - Aiding Suicide
Law Where the offender instigates another to suicide and where the
suicide is committed: imprisonment for 5 years.
Andorra Traditional Law Nouveau Code Pénal Art. 105 - Inciting Suicide and Suicide Cooperation
Where the offender incites another to suicide and where the
suicide is attempted: imprisonment from 4 to 8 years. Where
the offender incites another to suicide and where the suicide is
committed: imprisonment from 5 to 10 years.
Angola Civil Law Da Lei Criminal Art. 141 - Inciting or Aiding Suicide
Where the offender incites another to suicide and where the suicide
is committed or attempted: imprisonment for 3 years. Where the
offender aides another to suicide: imprisonment for 2 years or
payment of a fine up to 240 days. Where the victim is mentally ill or
has a decreased ability of determination: the first two penalties are
compounded half, the maximum and minimum limits.
Antigua and Common Law Offences against the person Act Does not mention suicide.
Barbuda
Argentina Civil Law Codigo Penal de la nacion Argentina - Art. 83 Instigating or Aiding Suicide
LEY 11.179 (T.O. 1984 actualizado) Where the offender instigates another to suicide and where the
suicide is committed or attempted: imprisonment for up to 1 to
4 years.
Armenia Civil Law Criminal Code Art.110 - Causing Somebody to Commit Suicide
Art.111 - Abetment of suicide
Where the offender abetted another to suicide and where the
suicide is committed or attempted: imprisonment for up to 3 years.
AUSTRALIA
Federal Common Law Crimes Act 1914 Act No. 12 of 1914 as amended (Volume 1) Does not mention suicide.
(Commonwealth) Crimes Act 1914 Act No. 12 of 1914 as amended (volume 2) Does not mention suicide.
Criminal Code Act 1995 Act No.12 of 1995 as amended Subdivision G - Offences relating to use of carriage service for
suicide related material
Criminal Code Amendment (Suicide Related Material After section 474.29 of the Criminal Code
Offences) Act 2005 No. 92, 2005
New South Wales Common Law Crimes Act 1900 No 40 Division 5 - Suicide
31B - Survivor of suicide pact
31C - Aiding Suicide
Queensland Common Law Criminal Code Act 1899 (incorporating the criminal code) s 311 - Procuring, Counselling or Aiding Suicide
Where the suicide is committed or attempted: guilty of crime
and imprisonment for life.
s 311 and 1988 No. 88 s 5 sch 2 - Aiding suicide
s 312 om 1979 No. 2 s 4 - Attempting to Commit Suicide
South Australia Common Law Criminal Law Consolidation Act 1935 13A - Criminal liability in relation to suicide
Subsection (5) - Aiding, abetting or counseling suicide
Where the suicide is attempted: imprisonment for 14 years.
Where the suicide is committed: imprisonment for 18 years.
Where the suicide was attempted due to a suicide pact:
imprisonment for 2 years. Where the suicide is committed due
to a suicide pact: imprisonment for 5 years.
Subsection (7) - Procuring Suicide by Fraud, Duress
or Undue influence
Where the suicide was committed or attempted: guilty of
murder or attempted murder.
Subsection (9) - Suicide committed or attempted in
pursuance of a pact
The accused must prove the existence of this pact.
Tasmania Common Law Criminal Code Act 1924 (No. 69 of 1924) 163 - Instigating or Aiding Suicide
Where the suicide is committed or attempted: guilty of crime.
Victoria Common Law Crimes Act 1958 No. 6231 of 1958 6B - Aiding suicide in pursuance of a Suicide Pact
Where the suicide was committed or attempted: guilty of
manslaughter.
Western Australia Common Law Criminal Code Act Compilation Act 1913 Act No: 028 of 1913 273 - Acceleration of Death
(4 Geo. V No. 28) 288 - Aiding Suicide
Northern Territory Common Law Criminal Code Act As in force at 1 June 2011 162 - Assisting and Encouraging Suicide
Australian Capital Common Law Crimes Act 1900 A1900-40 Republication No 76 Effective: 24 17 - Aiding Suicide
Territory (ACT) November 2011 18 - Prevention of Suicide
Azerbaidjan Civil Law Criminal Code of 30 December 1999. Art. 125 - Bringing to Suicide
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
8 B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx
Table 2 (continued)
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx 9
Table 2 (continued)
Traditional Law
Chile Civil Law Código Penal de la República de Chile [ediciónoficial] Art. 393 - Aiding Suicide
Where the suicide is committed or attempted: penalty of
imprisonment in its medium to maximum degree (if the suicide
is committed).
CHINA
China (not including Traditional Law, Criminal Law of the People's Republic of China Does not mention suicide.
Hong Kong, Macau, Civil law
and Taiwan)
Hong-Kong Traditional Law, Offences against the person ordinance, Chapter: 212 Section: 33B - Criminal Liability for Complicity in Another's
Civil law Suicide L.N. 362 of 1997 01/07/1997
Macau Civil Law Código Penal, Art. 101 a 200 Art. 133 - Instigating, aiding or promoting suicide
Taiwan (Republic Traditional Law, Children and Youth Welfare Act
of China) Civil law
Colombia Civil Law Ley 599, del 24 de julio de 2000, por la cual se expide el Art. 107 - Inducing or Aiding Suicide
CódigoPenal. DiarioOficial, 2000-07-24, núm. 44097, págs. 1-24 Where the suicide is committed or attempted: imprisonment from
2 to 6 years. Where the offender induces or aids suicide in order to
end the victim’s intense suffering from a physical lesion or a serious
and incurable disability: imprisonment from1 to 2 years.
Comores Civil Law, Islamic Loi No- 082 P/A.F - Loi 95-012/AF portant Code pénal Does not mention suicide.
Law
Congo (République Civil Law, Décret du 30 janvier 1940 portant Code pénal. Does not mention suicide.
démocratique du) Traditional Law
Costa Rica Civil Law Código Penal, Ley núm. 4573. Art. 115 - Instigating or Aiding Suicide
Where the suicide is committed: imprisonment from 1 to
5 years. Where the suicide was attempted: imprisonment from 6
months to 3 years.
Côte d'Ivoire Civil Law, Loi n° 1981–640 du 31 juillet 1981, instituant le Code pénal Art. 412 - Demanding the Execution of Another
Traditional Law (modifiée par la Loi n° 1995–522 du 6 juillet 1995) Where the offence was committed by means of verbal or writing
words, revelations or defamatory allegation: imprisonment from 1
to 5 years, and penalty of a fine from 300.000 to 3.000.000 francs.
Where the culprit is used to perform the offence or uses his work
position to perform such offence, or where the victim is a minor or a
person without discernment, or where the above mentioned means
are continuously used: imprisonment from 2 to 10 years, and
penalty of a fine from 600.000 to 6.000.000 francs.
Croatia Civil Law Penal Code, 1998 (Text No. 1668) Art. 96 - Participating in suicide
Where the suicide is committed: imprisonment from 6 months
to 5 years. Where the victim is a juvenile person or a person
with limited capacities to understand his act and control his
will: imprisonment from 1 to 8 years & pursuant to art. 90 of this
code. Where the victim is going through cruel or inhuman
treatments which therefore lead him to commit suicide:
imprisonment from 3 months to 3 years.
Cuba Civil Law Código Penal, Ley núm. 62 Chap. 5 - Assisting (Aiding) Suicide
Art. 266 - Assisting or Inducing Suicide
Where the suicide is committed or attempted: deprivation of
freedom from 2 to 5 years.
Cyprus Civil Law, Common Criminal Code, Chapter 154 Art. 288 - Procuring, Counselling, Aiding or Inducing Suicide
Law Where suicide was committed or attempted: guilty of a felony,
and liability to imprisonment for life
Czech Republic Civil Law Criminal Code (Act No. 40/2009) Does not mention suicide.
Denmark Civil Law Penal Code (in Deutsch) Does not mention suicide.
Djibouti Civil Law, Islamic Code Pénal (Version française de l'Ambassade russe) Art. 460 - Directly Provoking Suicide Where the suicide is
Law, Traditional Law committed or attempted and the victim is a minor:
imprisonment for 5 years and penalty of a fine of 2.000.000 F.
Where the minor is less than 15 years old: imprisonment for 10
years and penalty of a fine of 5.000.000 F.
Dominica Common Law Offenses against the person act. Does not mention suicide.
(Commonwealth
of)
Dominican Civil Law, Islamic Decretonúm. 2274 por el que se sanciona el CódigoPenal de la Does not mention suicide.
Republic Law, Traditional Law República Dominicana.
Ecuador Civil law Código Penal Art. 454 - Instigating and Aiding Suicide
Where the suicide is committed or attempted: imprisonment
from 1 to 4 years and penalty of a fine from 50 to 500 sucres.
Chap. 6, Art. 387 - Making the Apology for a Crime
Where the culprit publicly promotes to perform a crime or makes
the apology for suicide: penalty of a fine from 50 to 500 sucres.
Egypt Islamic Law, Civil ﻗﺎﻧﻮﻥ ﺍﻟﻌﻘﻮﺑﺎﺕPenal Code Does not mention suicide.
Law
El Salvador Civil Law Decretonúm. 1030 por el que se dicta el NuevoCódigoPenal. Art. 131 - Inducing or Aiding Suicide
Where the suicide is committed or attempted: imprisonment
from 2 to 5 years.
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
10 B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx
Table 2 (continued)
Equatorial Guinea Civil law, Penal Code and Penal Procedures Code, 1967 Does not mention suicide.
Traditional Law
Eritrea Civil law, The Ethiopian Penal Code, 1957 amended by Proclamation N° Does not mention suicide.
Traditional Law, 4/1991, Transitional Penal Law of Eritrea, Vol. 1/1991)
Islamic Law
Estonia Civil Law Penal Code of 6 June 2001 (consolidation). Does not mention suicide.
Ethiopia Civill Law, The Criminal Code of Ethiopia. Proclamation N° 414/2004 Art. 542 - Instigating or Aiding Suicide
Traditional Law Where the suicide is attempted: "simple imprisonment." Where
the suicide is committed: "rigorous imprisonment" for up to
5 years. Where the victim is a minor or a person who "has no
capacity because of mental illness or senility": imprisonment for
up to 5 years (if the suicide is attempted), or imprisonment for
up to 10 years (if the suicide is committed).
Fiji Common Law Penal Code, Chapter 17 Art. 199 - Instigating or Aiding Suicide and Suicide Pact Where
the suicide is committed because of "unlawful act or omission":
murder charge. Where the culprit acts in pursuance of a suicide pact
between him and the other killed: the defense must prove this.
Art. 219 (Inserted by Ordinance No. 12 of 1969) - Aiding, Abetting
or Counseling Suicide
Where the suicide is attempted or committed: imprisonment for up
to 14 years. Where suicide is conceived and enacted as a murder or
manslaughter: murder charge.
Finland Civil Law Penal Code of Finland (39/1889). (Rikoslaki) Does not mention suicide.
France Civil Law Code Pénal Section 6: About inciting suicide
Gabon Civil Law, Code pénal, Loi n° 21/63 du 31 mai 1963, mise à jour en Does not mention suicide.
Traditional Law novembre 1994
Gambia Islamic Law, Criminal Code, Act N° 25 of 1933 Does not mention suicide.
Common Law, Civil
Law
Georgia Civil Law Criminal Code of Georgia Art. 115 - Bringing to the Point of Suicide (not inciting
nor aiding)
Where the victim is intimidated or faced violent treatment
or where his honour or dignity is systematically abused:
restriction of freedom for up to 3 years or imprisonment for
up to 5 years.
Germany Civil Law Penal Code (St GB). Section 216 - Killing at the Request of the Victim (Mercy Killing)
Where a person is induced to kill by the express and earnest
request of the victim: imprisonment from 6 months to 5 years.
Where the suicide is only attempted: the instigator is punished.
Ghana Common Law, Criminal Code of 1960, Act 29 Section 57 - Abetting and attempting the suicide of another
Traditional Law Where the suicide is committed or attempted: charge of first
degree felony.
Greece Civil Law Penal Code, N° 1492 Article 301 - Aiding Suicide
Where suicide is committed or attempted: imprisonment.
Art. 300 - Killing at the Request of the Victim (Mercy Killing)
Where the killing of a person who is suffering from an incurable
disease was committed because of his strong and persistent
request, and feeling mercy for him: imprisonment.
Greenland Civil Law Laws not identified
Grenada Common Law Criminal Code Not clear mention of suicide: maybe Art. 250 - On medical
treatment
Guatemala Civil Law Codigo Penal de Guatemala, Decreto n°17-73 Art. 128 - Inducing or Aiding Suicide
Where suicide is committed: imprisonment from 5 to 15 years.
Where the suicide is attempted: imprisonment from 6 months
to 3 years.
Guinea Civil Law, Code Pénal, Loi n° 98/036 du 31 décembre 1988 Does not mention suicide.
Traditional Law
Guinea Bissau Civil Law, Criminal Code 1993, Decreto-Lei n° 4/93 Art. 109 - Instigating the Suicide
Traditional Law
Guyana Common Law, Civil Criminal Law (Offences) Act Criminal Law (Offences) Act (No. Art. 96. - Procuring or Abetting Commission of Suicide
Law 18 of 1893) (Cap. 8:01) 1894
Haiti Civil Law Code pénal Does not mention suicide.
Honduras Civil Law Código Penal, Decretonúm. 144-83 Art. 125 Inducing or Aiding Suicide
Where the suicide is committed: imprisonment from
3 to 6 years. When the suicide is attempted: imprisonment
from 1 to 3 years.
Hungary Civil Law Criminal Code of Hungary of 1978 Section 168 - Complicity in Suicide or Aiding suicide
Where the suicide is attempted or committed: imprisonment for
up to 5 years.
Iceland Civil Law Penal Code, Act N° 19 of 1940 Art. 214 Instigating Suicide
Where the suicide is committed: imprisonment for up to 1 year
or a penalty of a fine. Where instigating suicide was made for
selfish motives: imprisonment for up to 3 years. See also Act
82/1998, Art. 107.
India Common Law, Penal Code, Act N° 45 of 1860 Art. 305 - Abetting Suicide
Islamic Law, Where the victim who commits is a person under 18 years old,
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx 11
Table 2 (continued)
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
12 B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx
Table 2 (continued)
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx 13
Table 2 (continued)
Malta Civil Law, Common Criminal Code of 1854, Cap. 9 Art. 213 - Inciting or helping others to commit suicide
Law Where the suicide is committed: imprisonment for up to 12 years.
Marshall Islands Common Law Criminal Code of Marshall Islands (revised code 2004) Does not mention suicide.
Mauritania Islamic Law, Civil Code Pénal, Ordonnance 83–162 du 09 juillet 1983 Does not mention suicide.
Law
Mauritius Civil Law, Common Criminal Code 1838 (amendments 2006) Does not mention suicide.
Law
Mexico Civil Law Código Penal Federal Nuevo Código Publicado en el Diario Art. 312 - Inducing or Aiding Suicide
Oficial de la Federación el 14 de agosto de 1931. Texto Vigente Where the suicide is attempted: imprisonment of 1 to 5 years.
Últimare forma publicada DOF 08-06-2011 Where the suicide is committed: imprisonment from 4 to 12 years.
Micronesia Common Law, Refer to the State Code, Section: "Offences against the person" Does not mention suicide.
(federated Traditional Law (online)
states of)
Moldova Civil Law Criminal Code of the Republic of Modova Art. 150 - Inciting Suicide
(Republic of) Where the offender commits his act with persecution, slander,
insults, or by humiliating the victim’s dignity: imprisonment for
up to 4 years. Where the victim is a juvenile or a person in a
position of material or some other form of dependence on the
offender, or where the offender commits the act by cruel
behaviour: imprisonment for 2 to 6 years.
Monaco Civil Law Code pénal Does not mention suicide.
Mongolia Traditional Law, Criminal Code of Mongolia Art. 95.1 - Bringing to Suicide
Civil Law Where the suicide is committed by a person who is in a material
dependence (subordination) and where the culprit uses brutal
treatment or systematic humiliation of the victim’s honour and
dignity which lead the victim to commit suicide: imprisonment
for 2 to 5 years.
Montenegro Civil Law Criminal Code Art. 149 - Inciting or Aiding Suicide
Where the suicide is committed or attempted: conditions
referred to in Art. 147 of the present Code and imprisonment
from 1 to 8 years or imprisonment from 3 months to 5 years.
Where the act was committed against a juvenile or a person
with substantially diminished mental capacity: conditions
referred to in Art. 144 of the present Code and imprisonment
from 2 to 10 years. Where the offence is committed against a
person who is subordinated or dependant on the offender, who
is treated with cruelty or brutality, and who commits or
attempts suicide due to such treatment: imprisonment from
6 months to 5 years.
Morocco Islamic Law, Civil Code pénal, Dahir n° 1-59-413 du 28 Joumada II 1382 Art. 407 - Aiding suicide
Law (26 Novembre 1962) Where the offender prepared, facilitated or provided weapons,
poisons or instruments helping a person to suicide and the suicide
was effectively committed: imprisonment for 1 to 5 years.
Mozambique Traditional Law, Codigo Penal Art. 354 - Aiding Suicide Where the suicide is committed:
Civil Law imprisonment for up to 8 or 12 years.
Myanmar Common Law, Penal Code of 1861 Chap. XVI of Offences Affecting the Human Body
Traditional Law Art. 305 - Abetting Suicide Where the person who commits
suicide is under 18 years old, an insane person, a delirious
person, an idiot, or a person in state of intoxication: death
penalty or transportation for life, or imprisonment for up to
10 years, and payment of a fine.
Art. 306 - Abetting Suicide Where a person aids or abets the
suicide of another person who suffers from a disorder or a
disease: the offender is deemed to have killed that other person.
Namibia Common Law, Civil Does not seem to have a Criminal Code Does not mention suicide.
Law
Nauru Common Law Criminal Code, Act of Queensland of 1899 Art. 311 - Aiding Suicide
Where the suicide is attempted or committed: imprisonment for
life.
Art. 296 - Acceleration of Death
Where aiding the suicide of another person who suffers from a
disorder or a disease: the offender is deemed to have killed that
other person.
Nepal Common Law, Does not seem to have a "comprehensive Criminal Law"
Traditional Law
Netherlands Civil Law Wetboek van Strafrecht (only in Dutch) Art. 294 - Inciting and Aiding Suicide
Art. 293 - Ending Life on Request
Where the suicide was attempted or committed: imprisonment
for up to 12 years and payment of a fine (5th category). Where
the act was committed by a physician, meeting the requirements
of due care, referred to in Art. 2 of the Termination of Life on
Request and Assisted Suicide, and where that physician informed
the municipal coroner in accordance with Art. 7, 2nd paragraph,
of the Burial and Cremation Act: the act is not an offence.
Art. 40 - In Case of Force Majeure
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
14 B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx
Table 2 (continued)
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx 15
Table 2 (continued)
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
16 B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx
Table 2 (continued)
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx 17
Table 2 (continued)
Togo Civil Law, Code pénal, 13 Août 1980 (Tel qu’amendé en avril 2000) Does not mention suicide (or murder).
Traditional Law
Tonga Common Law Criminal Offences Act (Cap. 18) Art. 101- Inciting and Aiding Suicide
Where the suicide is attempted or committed: imprisonment for
life or any less period.
Trinidad and Tobago Common Law Offences against the person act Does not mention suicide.
Tunisia Civil Law, Code pénal institué par le Décret du 9 juillet 1913 Art. 206 - Aiding Suicide
Islamic Law (tel que modifié) Where the suicide is committed or attempted: imprisonment for
5 years.
Turkey Civil Law Criminal Code [Turkey], Law n° 523, 26 September 2004 Art. 84 – Abetting and Aiding Suicide
Where the suicide is attempted: imprisonment from 2 years to 5
years. Where the suicide is committed: imprisonment from 4 years
to10 years. Where the offender openly encourages others to commit
suicide: imprisonment from 3 years to 8 years. Where the victim
has not the ability to understand the meaning and consequences of
the executed act, to commit suicide, or is forced to commit suicide
under threat: the offender is convicted of felonious homicide.
Turkmenistan Civil Law The Penal Code of Turkmenistan adopted on 12 June 1997 Art. 106 - Inducement to Commit Suicide and to Bring to Suicide
Tuvalu Common Law Penal Code (Cap. 10.20). Revised Edition 2008 Art. 212 - Complicity in Another’s Suicide
Where the offender aids, abets, counsels or procures the suicide
of another, or an attempt by another to commit suicide: penalty
of a felony, and imprisonment for 14 years. Where on the trial of
information for murder or manslaughter it is proved that the
accused aided, abetted, counselled or procured the suicide of the
person in question: offender is found guilty of that offence.
Uganda Common Law, Penal Code Act, 1950 (ch. 120) Art. 195 - Suicide Pacts
Traditional Law Where it is proved that the person charged for the murder of
another killed the other or was a party to kill himself or being
killed: the defence shall prove that the person charged was
acting in pursuance of a suicide pact between him and the other.
Art. 209 - Aiding suicide
Where the offender procures another to kill himself; counsels
another to kill himself and thereby induces him to do so; or aids
another in killing himself: penalty of a fine felony and
imprisonment for life.
Ukraine Civil Law Penal Code of 5 April 2001 n° 2341-III Art.120 - Driving a Person into Suicide
Where the offender uses means of cruel treatment, blackmail, and
coercion to unlawful actions or systematic humiliation of the
victim’s human dignity: restraint of liberty for up to 3 years, or
imprisonment for the same term. Where the same act is committed
against a person who was in financial or other dependence upon
the culprit, or in respect of 2 or more persons: restraint of liberty for
up to 5 years, or imprisonment for the same term. Where the act is
committed against a minor: imprisonment for 7 to 10 years.
United Arab Islamic Law, Promulgation of the Penal Code (n° 3 of 1987) Art. 335 – Abetting and Aiding Suicide
Emirates Traditional Law Where the suicide is committed: detention for up to five years.
Where the victim is under 18 years old, or if he is incapacitated
in will or discretion: the act is considered an aggravating
circumstance. Where the victim is incapable of comprehension
or discretion: penalty of premeditated manslaughter or
attempted manslaughter, as the case may be.
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
18 B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx
Table 2 (continued)
Arizona Common Law Arizona Revised Statutes. Title 13 Criminal Code 13-1103 - Manslaughter; classification. A.
Where the offender intentionally aids another to commit suicide.
Arkansas Common Law Arkansas Code. Title 5 Criminal Offences. Subtitle 2 Offences 5-10-104 - Manslaughter
Against the Person Where the offender purposely causes or aids another person to
commit suicide.
5-10-106 - Physician-Assisted Suicide.
It is unlawful for any physician or health care provider to
commit the offense of physician-assisted suicide by:
(1) Prescribing any drug, compound, or substance to a patient
with the express purpose of assisting the patient to intentionally
end the patient's life; or (2) Assisting in any medical procedure
for the express purpose of assisting a patient to intentionally end
the patient's life. The offender is guilty of a Class C felony.
California Common Law California Penal Code 401 - Aiding, Advising, or Encouraging Suicide
Where the suicide is committed or attempted: penalty of a fine.
Colorado Common Law Colorado Revised Statutes. Title 18 Criminal Code. Article 3 18-3-104 - Manslaughter
Offences against the person. Where the offender intentionally causes or aids another person
to commit suicide.
Connecticut Common Law General Statutes of Connecticut. Volume 13. Title 53a Penal Sec. 53a-56 - Manslaughter in the second degree, Class C felony
Code. Where the offender recklessly causes the death of another person;
or where the offender intentionally causes or aids another person,
other than by force, duress or deception, to commit suicide: the
offender is guilty of manslaughter in the second degree.
Delaware Common Law Delaware Code. Title 11 Crimes and Criminal Procedure. Paragraph 632 - Manslaughter, Class B felony
Chapter 5 Specific Offences. Subchapter II. Offenses Against Where the offender intentionally causes another person to
the Person commit suicide: the offender is guilty of manslaughter.
District of Common Law District of Columbia Code. Division IV Criminal Law and Does not mention suicide.
Columbia Procedure and Prisoners. Title 22 Criminal Offenses and
Penalties.
Florida Common Law Florida Statutes (2011). Title XLIV Crimes. Chapter 782 782.08 - Assisting Self-Murder
Homicide. Where the offender deliberately assists another in the
commission of self-murder: the offender is guilty of
manslaughter, a felony of the second degree, and punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
Georgia Common Law Georgia Code. Title 16. Crimes and Offenses. Chapter 5 Crimes 16-5-5 - Offering to assist in commission of suicide; criminal
against the person. Where the offender publicly advertises, offers, or holds himself out
as offering that he she will intentionally and actively assist another
person in the commission of suicide and commits any overt act to
further that purpose: the offender is guilty of a felony and
imprisonment from 1 to 5 years. Where the offender knowingly and
willfully commits any act which destroys the volition of another; or
any undue influence whereby the will of one person is substituted
for the wishes of another, and thereby intentionally causes or
induces such other person to commit or attempt to commit suicide:
charge of a felony and imprisonment from 1 to 10 years.
Guam (territoire Common Law Guam Code Annotated. Title 10 Health and Safety. Ch. 91
non incorporé et Natural Death Act
organisé)
Hawaii Common Law Hawaii Revised Statutes. Division 5 Crimes and Criminal Paragraphs 707–702 - Manslaughter
Proceedings. Title 37 Hawaii Penal Code. Ch. 707 Offences Where the offender intentionally causes another person to
against the person. commit suicide: the offender is guilty of manslaughter.
Idaho Common Law Idaho Statutes Title 18 - Crimes and Punishments. Chapter 40 Homicide.
18–4017 - Causing a suicide -- Assisting in a Suicide --
Injunctive Relief -- Revocation of License -- Expectations.
Illinois Common Law Criminal Offenses (720 ILCS 5/) Criminal Code of 1961 Sec. 12–34.5 - Inducement to Commit Suicide
Indiana Common Law Indiana Code Title 35 IC 35-42-1-2.5 - Assisting suicide
Sec. 2.5. Where the offender has knowledge that another person
intends to commit or attempt to commit suicide and who
intentionally provides the physical means by which the other
person attempts or commits suicide; or participates in a physical
act by which the other person attempts or commits suicide:
charge for a Class C felony.
Iowa Common Law Iowa Code 707A.2 - Assisting Suicide
Where the offender intentionally or knowingly assists, solicits, or
incites another person to commit or attempt to commit suicide, or
participates in a physical act by which another person commits or
attempts to commit suicide: charge for a class "C" felony.
Kansas Common Law Kansas Statutes. Chapter 21 Crimes and Punishments. Article 21-5407 - Assisting Suicide
54 Crimes against the person. Section 7 Assisting suicide Where the offender knowingly, by force or duress, causes
another person to commit or attempt to commit suicide: a
severity level 3, person felony. Where the offender intentionally
assists another person to commit or to attempt to commit
suicide by providing the physical means by which another
person commits or attempts to commit suicide; or by
participating in a physical act by which another person commits
or attempts to commit suicide: severity level 9, person felony.
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx 19
Table 2 (continued)
Kentucky Common Law Kentucky Revised Statutes 216.302 Causing a Suicide -- Assisting in a Suicide.
Where the offender knowingly by force or duress causes another
person to commit or to attempt to commit suicide: charge for
Class C felony. Where the offender, with the purpose of assisting
another person to commit or to attempt to commit suicide,
knowingly and intentionally provides the physical means by
which another person commits or attempts to commit suicide;
participates in a physical act by which another person commits or
attempts to commit suicide: Charge for a Class D felony.
Louisiana Civil Law, Common Louisiana Revised Statutes Paragraph. 32.12 - Criminal Assistance to Suicide
Law Where the offender intentionally advises or encourages another
person to commit suicide or provides physical means or the
knowledge of such means to another person for the purpose of
enabling the other person to commit or attempt to commit suicide:
imprisonment with or without hard labour, for up to 10 years or
payment of a fine up to $10 000 thousand dollars, or both.
Maine Common Law Maine Revised Statutes. Title 17-A Maine Criminal Code. Part 2 Paragraph 204 - Aiding or Soliciting Suicide
Substantive Offenses. Chapter 9 Offenses Against the Person Where the offender intentionally aids or solicits another to
commit suicide, and the other commits or attempts suicide.
Massachusetts Common Law Massachusetts General Laws. Part IV Crimes, Punishments and Does not mention suicide.
Proceedings in Criminal Cases. Title 1 Crimes and
Punishments. Chapter 265 Crimes Against the Person.
Michigan Common Law The Michigan Penal Code Act 328 of 1931 750.329a - Intent to Assist Individual in Suicide; Prohibited
Conduct; Felony; Exception; Effect of Common Law Offense.
Sec. 329a. Assistance to the Killing of an Individual
Where the offender knows that an individual intends to kill
himself and with the intention to assist the individual in killing
himself, the offender (a) provides the means by which the
individual attempts to kill himself or herself or kills himself;
(b) participates in an act by which the individual attempts to kill
himself or kills himself; (c) helps the individual plan to attempt
to kill himself or to kill himself: imprisonment for up to 5 years
or payment of a fine of up to $10 000, or both.
Minnesota Common Law Minnesota Statutes 2011 Crimes, Criminals. Chapter 609 609.215 Suicide - Subdivision 1. Aiding Suicide
Criminal Code Where the offender intentionally advises, encourages, or assists
another in taking the other's own life: imprisonment for up to
15 years or to payment of a fine of up to $30 000, or both.
Subdivision 2. Aiding Attempted Suicide
Where the offender intentionally advises, encourages, or assists
another who attempts but fails to take the other's own:
imprisonment for up to 7 years or payment of a fine of up to
$14 000, or both.
Mississippi Common Law Mississippi Code of 1972 Paragraph 97-3-49. Suicide; Aiding
Where the offender wilfully, or in any manner, advises,
encourages, abets, or assists another person to take, or in taking,
the latter's life, or in attempting to take the latter's life: charge of
a felony and, on conviction, imprisonment for up to 10 years, or
payment of a fine up to $1 000, and imprisonment in the county
jail for up to 1 year.
Missouri Common Law Missouri Revised Statutes Title XXXVIII Crimes and 565.023. 1. - Crime of Voluntary Manslaughter
Punishments; Peace Officers and Public Defenders. Where the offender causes the death of another person under
Chapter 565 Offenses Against the Person circumstances that would constitute murder in the second
degree; or where the offender knowingly assists another in the
commission of self-murder: charge of Class B felony.
Montana Common Law Montana Code Annotated 2011. Title 45 Crimes. Chapter 5 45-5-105 - Aiding or Soliciting Suicide Where the offender
Offenses Against the Person purposely aids or solicits another to commit suicide, but such
suicide does not occur.
Nebraska Common Law Nebraska Revised Statutes Chapter 28. Crimes and 28–307 - Assisting suicide, Defined; Penalty
Punishments Where the offender commits assisting suicide when, with intent
to assist another person in committing suicide, he aids and abets
him in committing or attempting to commit suicide: charge of
Class IV felony.
Nevada Common Law Nevada Revised Statutes 2011 Does not mention suicide.
New Hampshire Common Law New Hampshire Revised Statutes. Title LXII: Criminal Code 630:4 - Causing or Aiding Suicide.
Where the offender purposely aids or solicits another to commit
suicide: charge of Class B felony, and otherwise it is a
misdemeanor.
New Jersey Common Law New Jersey Statutes Title 2C. The New Jersey Code of 2C:11–6. - Aiding Suicide
Criminal Justice Where the offender purposely aids another to commit suicide
and his conduct causes such suicide or an attempted suicide:
charge of a crime of the second degree, and otherwise it is a
crime of the fourth degree.
New Mexico Common Law New Mexico Statutes. Chapter 30 Criminal Offences 30-2-4. - Assisting Suicide.
Where the offender deliberately aides another in the taking of
his own life: charge of a fourth degree felony.
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
20 B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx
Table 2 (continued)
New York Common Law Laws of New York. Penal. Part 3 Specific Offences. Title H Paragraph 125.15 - Manslaughter in the Second Degree.
Offenses Against the Person Involving Physical Injury, Where the offender recklessly causes the death of another person;
Sexual Conduct, Restraint and Intimidation or commits upon a female an abortional act which causes her
death, unless such abortional act is justifiable pursuant to
subdivision three of section 125.05; or intentionally causes or aids
another person to commit suicide: charge of a class C felony.
Paragraph 120.30 - Promoting a Suicide Attempt
Where the offender promotes a suicide attempt by intentionally
causes or aids another person to attempt suicide: charge of a class
E felony.
North Carolina Common Law North Carolina General Statutes. Chapter 14 Criminal Law Does not mention suicide.
North Dakota Common Law 2011 North Dakota Century Code. Title 12.1 Criminal Code. 12.1-16-04 - Assisting the Commission of Suicide - Causing
Chapter 12.1-16 Homicide Death by Suicide - Penalties.
Where the offender intentionally or knowingly aids, abets,
facilitates, solicits, or incites another person to commit suicide;
or provides to, delivers to, procures for, or prescribes for another
person any drug or instrument with knowledge that the other
person intends to attempt to commit suicide with the drug or
instrument: charge of a class C felony. Where the offender,
through deception, coercion, or duress, willfully causes the
death of another person by suicide: charge of a class AA felony.
Ohio Common Law Ohio Revised Code. Title 37 Health - Safety - Morals. Does not mention suicide.
Chapter 3795: Assisted Suicide
Oklahoma Common Law Penal Code of the State of Oklahoma Art. 813–818 - Aiding Suicide
Oregon Common Law Oregon Revised Statutes 2011. Chapter 127 - Powers of Paragraph 63–3141.3 - Violations.
Attorney; Advance Directives for Health Care; Physician Where the offender, with the purpose of assisting another
Orders for Life-Sustaining Treatment Registry; Declarations person to commit or to attempt to commit suicide, knowingly
for Mental Health Treatment; Death with Dignity provides the physical means by which another person commits
or attempts to commit suicide; or participates in a physical act
by which another person commits or attempts to commit
suicide: charge of violating the Assisted Suicide Prevention Act.
Oregon Revised Statutes 2011. Chapter 163 — Offenses 163.117 - Causing or Aiding Suicide as Defense to Charge of
Against Persons Murder
Where the offender causes or aides, without the use of duress or
deception, another person to commit suicide: charge of murder.
Pennsylvania Common Law Pennsylvania Consolidated Statutes. Title 18 Crimes Paragraph 2505. - Causing or Aiding Suicide.
and Offenses Where the offender causes another to commit suicide only if he
intentionally causes such suicide by force, duress or deception.
Where the offender intentionally aids or solicits another to
commit suicide: charge of a second degree felony. Where the
offender’s conduct causes such suicide or an attempted suicide:
charge of a misdemeanor of the second degree.
Rhode Island Common Law State of Rhode Island General Laws. Title 11 Criminal § 11-60-3 - Prevention of Assisted Suicide.
Offenses. Chapter 11–60 Assisted Suicide Where, with the purpose of assisting another person to commit
suicide, the offender knowingly: provides the physical means by
which another person commits or attempts to commit suicide;
or participates in a physical act by which another person
commits or attempts to commit suicide: charge of a felony and
upon conviction, imprisonment for up to 10 years, payment of a
fine of up to $10 000, or both.
§ 11-60-5 - Injunctive Relief.
Where the offender assists or counsels in an attempt to
commit suicide: injunction against all future unlawful assisted
suicides.
South Carolina Common Law South Carolina Code of Laws. Title 16 - Crimes and Section 16-3-1090 - Assisted Suicide; Penalties; Injunctive Relief.
Offenses. Chapter 3 - Offenses Against the Person
South Dakota Common Law South Dakota Codified Laws. Title 22 Crimes. 22-16-37. - Aiding and Abetting suicide--Felony
Chapter 22–16 Homicide and Suicide Where the offender intentionally in any manner advises,
encourages, abets, or assists another person in taking or in
attempting to take his own life: charge of a Class 6 felony.
Tennessee Common Law Tennessee Code Annotated. Title 39 Criminal Offenses. 39-13-216 -Assisted Suicide.
Chapter 13 Offenses Against Person.
Texas Common Law Penal Code. Title 5 Offenses Against the Person. Sec. 22.08. Aiding Suicide or Causing Suicide or Attempted
Chapter 22 Assaultive offenses Suicide
Where the offender promotes or assists the commission of
suicide by another: charge of Class C misdemeanor. Where the
offender's conduct causes suicide or attempted suicide that
results in serious bodily injury: imprisonment.
Utah Common Law Utah Code. Title 75 Utah Uniform Probate Code. Chapter 2a 75-2a-122. Effect of Act
Advance Health Care Directive Act. Section 122 Effect of act. The Advance Health Care Directive Act created in this chapter
does not: (1) create a presumption concerning the intention of
an adult who has not made or who has revoked an advance
health care directive; (2) authorize mercy killing, assisted
suicide, or euthanasia; or (3) authorize the provision,
withholding, or withdrawal of health care, to the extent
prohibited by the laws of this state.
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032
B.L. Mishara, D.N. Weisstub / International Journal of Law and Psychiatry xxx (2015) xxx–xxx 21
Table 2 (continued)
Please cite this article as: Mishara, B.L., & Weisstub, D.N., The legal status of suicide: A global review, International Journal of Law and Psychiatry
(2015), http://dx.doi.org/10.1016/j.ijlp.2015.08.032