Department of Psychology Column

2021.05.19 Department of Psychology Column

[Faculty of Psychology] "Stay Suicide! -Suicide and Legal Responsibility-』

According to the Ministry of Health, Labor and Welfare and the National Police Agency, the number of suicides in 21,081 was 912, an increase of 4.5 (about 20%) compared to the previous year, of which 404 (19%) were in their twenties. It seems that 10 people (118%) increased in their teens.
As suicide cases become more serious, two suicide cases have been widely reported from last year to this year.

In the first case, a high school student committed suicide by jumping from the roof of a commercial facility in Umeda, Osaka, and a female university student who was walking on the ground died.In this case, the high school student who died was considered for murder, and as a result, the document was sent to the prosecutor on suspicion of gross negligence causing death.

In the second case, a man jumped into the driver's cab of a passing train at Motomachi Station in Chuo-ku, Kobe City and died, and a passenger was involved in the accident and suffered a serious injury that broke his shoulder.In this case, the man who died was sent to the prosecutor's office on suspicion of traffic hazard and injury.

When you touched on these two cases, some of you must have wondered, "Will suicide be a crime?" and "Who will compensate the victims?"So let's think about criminal liability and civil liability for suicide.

XNUMX.criminal responsibility

guilt of suicide

In Japan, there is no law that punishes suicide itself.
However, in the case of infringing on "persons" or "personal property interests" by suicide, even if there is no clear intention to commit a crime (criminal intent), the consequences can be predicted. is a crime, and even if the consequences are unpredictable, it will be punishable if there is a provision in the law to punish negligence, such as in the case of gross negligence resulting in death.

For this reason, in the two cases mentioned above, documents were sent to prosecutors as criminal acts.

In addition to this, for example, if you wander around with a knife while trying to commit suicide, you will be punished as a violation of the Firearms and Swords Possession Control Act.

crime of those involved in suicide

If you are involved in the suicide of another person, you will be charged with a crime and will be punished with imprisonment with or without work for not less than 202 months but not more than XNUMX years (Article XNUMX of the Penal Code).The form of involvement in suicide is divided into suicide-inviting crime, suicide-assisting crime, murder-for-hire commission, and consent-homicide crime.

Suicide incitement If the person has no intention of committing suicide or has persuaded a person who has not yet decided to commit suicide to commit suicide.
Suicide assistance crime When helping a person who is determined to commit suicide to commit suicide makes it easier.Examples include lending tools for suicide or giving instructions on how to commit suicide.
Commissioned murder When someone asks you to kill them because they want to commit suicide.
consent murder When killing with the victim's consent to die.
When the killer is passive, it is commissioned murder, and when it is active, it is consent murder.

2.Civil Liability (Compensation)

Jumping off a building or jumping into a train, as in the two examples above, can injure others, and delays in trains can affect many passengers.In such a case, not only will you be held criminally responsible, but you will also be held liable for the damages that fall under Article 709 of the Civil Code.

A tort under Article 709 of the Civil Code is a case where the act is intentional or negligent.

・Intentionally: doing an act knowing that it will cause harm to another person
・Negligence: something that could have been avoided even though it was expected that damage would occur

The amount of compensation for damages resulting in the death of a person or delaying a train is never small.
Liability for these compensations is borne by the person who committed suicide, but since he or she cannot fulfill the responsibility if he/she dies, the heirs such as relatives will be handed over by inheritance.

Also, if you commit suicide in a rented building, it is possible that rent income will decrease because tenants will not show up or will not move in unless the rent is reduced considerably.Regarding these, the bereaved family and the joint guarantor will be required to compensate for damages, and although the amount is not uniform, it seems that it will be the full amount of one year's rent, half of the rent for several years, and the price of the renovation. .

Suicide not only leaves deep emotional scars on the bereaved family members and people close to them, but also makes them liable for large amounts of compensation, and the suicides themselves may be accused of their own crimes.

People who think about suicide have painful circumstances, and I think that death is the end of being driven.That's why I feel that it's important to cherish the bonds with family and friends, and for those around you to notice changes and support them.

Cherish your irreplaceable life...

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