Giving Assistance to Suicide


ART.253

ACTS PUNISHABLE:
1. Assisting another to commit suicide, whether the suicide is
   consummated or not.
2. Lending his assistance to another to commit suicide to the extent
   of doing the killing himself.


A person who attempts to commit suicide is not criminally liable.

Giving assistance to suicide means giving means (arms, poison, etc.)
or whatever manner of positive and direct cooperation (intellectual
aid, suggestions regarding the mode of committing suicide, etc.).


A pregnant woman who tried to commit suicide by means of poison but
instead of dying, the fetus in her womb was expelled, is not liable
for abortion.

If the person does the killing himself, the penalty is similar to
that of homicide, which is reclusion temporal. There can be no
qualifying circumstance because the determination to die must come
from the victim. This does not contemplate euthanasia or mercy killing
where the crime is homicide (if without consent; with consent, covered
by Article 253).


Assistance to suicide is different from mercy- killing. Euthanasia or
mercy-killing is the practice of painlessly putting to death a person
suffering from some incurable disease. In this case, the person does
not want to die. A doctor who resorts to euthanasia may be held liable
for murder.

Penalty is mitigated if suicide is not successful.

The person attempting to commit suicide is not liable if he survives.

Euthanasia is not lending assistance to suicide. In euthanasia, the
victim is not in a position to commit suicide. A doctor who resorts to
euthanasia of his patient may be liable for murder.

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