Criminal law assessment of suicide attempts

Abstract

The article is devoted to the criminal law assessment of suicide attempts. The author, using the crime model, analyzes suicide attempts in terms of whether such behavior fulfills the premises of a crime. He proves that the behavior of a would-be suicide is an act within the meaning of criminal law, which fulfills the features of the crime of attempted homicide. Due to the intentional violation of the inalienable legal interest, which is human life in the Polish legal system, in a manner contrary to the rules of dealing with this interest accepted in society, the degree of social harmfulness of an attempted suicide will usually exceed the threshold of insignificance. Attempted suicide, however, is not a crime, because no guilt can be attributed to the would-be suicide at the time of his act due to the abnormal motivational situation in which he found himself. Despite this, his act is unlawful, and therefore people saving a suicide and thus violating his legal interests, act legally, using the justifications of  necessary defense. In the author's opinion, the lack of the right to suicide with simultaneous violations of the criminal law protection of life (e.g. necessary defense, allowed abortion or freedom from compulsory treatment) proves the inconsistency of the Polish legal system.