Проблемні аспекти кримінального провадження щодо доведення особи до самогубства

The article is devoted to a comprehensive analysis of the problematic aspects of criminal proceedings on driving a person to suicide. This issue is extremely complex from both theoretical and practical points of view, since suicide is a multifactorial phenomenon which may be caused by a combination of social, psychological, economic, medical and other circumstances. In this regard, the problem of establishing a causal link between the suspect’s actions and the fact of the victim’s suicide is particularly acute, which is a key element for qualifying such a criminal offense under Article 120 of the Criminal Code of Ukraine. The article discusses in detail the main difficulties of proof, in particular, the lack of direct witnesses, the difficulty of identifying the intent of a person who could have contributed to the victim’s suicide, and also emphasizes the insufficient development of judicial practice in proceedings of this category. Considerable attention is paid to the issue of proving the direct influence of the suspect on the victim’s decision to commit suicide. It is noted that this aspect is extremely casuistic in practical terms, since most criminal proceedings for incitement to suicide are based on circumstantial evidence. The article highlights the role of forensic psychological examination, which plays a key role in determining the mental state of the victim, analyzing his or her motivation, and establishing the presence of depressive disorders or other psycho-emotional factors which could have influenced his or her decision to commit suicide. At the same time, the author examines the case law which demonstrates that a significant number of proceedings related to driving a person to suicide are closed at the pre-trial investigation stage or end in acquittals due to lack of sufficient evidence. It is established that the lack of clear legislative parameters for qualifying such actions creates significant difficulties for law enforcement agencies and courts. The article proposes to improve the current legislation by detailing the elements of a criminal offense, defining specific criteria for proving the existence of a causal link and establishing the level of influence of the suspect on the victim.